BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160002021 BOARD VOTE: ___x______ ___x____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160002021 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 13 of his DD Form 214 the – * Army Achievement Medal * Kuwait Liberation Medal * adding the following awards to item 13 – * Army Achievement Medal (2nd Award) * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Kuwait * Parachutist Badge * adding to item 18 the entry: "Service in Sinai from 19900713 –19910721" ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160002021 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in support of Operation Desert Shield/Storm (ODS) and award of the Kuwait Liberation Medal issued by the Government of Kuwait. 2. The applicant states he was awarded the Southwest Asia Service Medal with 1 Bronze Service Star and the Kuwait Liberation Medal issued by the Government of Saudi Arabia. However, he was released from active duty (REFRAD) in February 1994 and the Kuwait Liberation Medal issued by the Government of Kuwait was not yet approved for acceptance and wear. His DD Form 214 does not show his overseas service in support of ODS or the Kuwait Liberation Medal issued by the Government of Kuwait. 3. The applicant provides no documentary evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army (RA) on 20 November 1986 for a period of 3 years. a. He was awarded military occupational specialty (MOS) 88M (Heavy Vehicle Operator). b. Through a series of reenlistments he continued to serve in the RA through 12 February 1994. c. He was promoted to sergeant (SGT)/pay grade E-5 on 1 June 1992. 3. His DA Form 2-1 (Personnel Qualification Record), in pertinent part, shows in: * item 5 (Oversea Service): Sinai from 13 July 1990 through 21 July 1991 * item 9 (Awards, Decorations and Campaigns) – * Army Service Ribbon * Parachutist Badge * Army Commendation Medal * Driver and Mechanic Badge * Army Achievement Medal (2nd Award) * Overseas Service Ribbon * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Humanitarian Service Medal * Noncommissioned Officer (NCO) Professional Development Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars * item 35 (Record of Assignments): 1st U.S. Army Support Battalion (Sinai) from 12 July 1990 through 20 July 1991 4. Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 67-17, dated 8 April 1987, awarded the applicant the Parachutist Badge on 17 April 1987 for successful completion of airborne training. 5. Headquarters, 43rd Engineer Combat Battalion (Heavy), Fort Benning, GA, Permanent Orders 52-22, dated 16 March 1990, awarded the applicant the Army Achievement Medal for meritorious service form 31 March 1987 to 25 May 1990. 6. A DA Form 638 (Recommendation for Award), dated 21 May 1991, and a DA Form 4980-18 (Army Achievement Medal Certificate) show Headquarters, 1st U.S. Army Support Battalion (Sinai), Permanent Orders Number 29-09, dated 4 June 1991, awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious service while assigned as a Heavy Vehicle Operator assigned to Transportation Company, 1st U.S. Army Support Battalion, Sinai, Egypt, from 11 July 1990 to 15 July 1991. 7. The applicant's DD Form 214 shows he entered active duty this period on 20 November 1986, was honorably REFRAD on 12 February 1994, and transferred to a U.S. Army Reserve unit to complete his reserve service obligation. He had completed 7 years, 2 months, and 23 days of net active duty service this period that included 1 year and 9 days of foreign service. It also shows in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the – * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Humanitarian Service Medal * Multinational Force and Observers Medal * NCO Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Southwest Asia Service Medal with 1 Bronze Service Star * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars * Driver and Mechanic Badge with "W" (Wheeled Vehicle) Bar * Kuwait Liberation Medal * item 18 (Remarks) does not show the applicant deployed to a foreign country during the period of active his service REFERENCES: 1. AR 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States serving in Southwest Asia (SWA) who participated in ODS and served in SWA and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. Members serving in Israel, Egypt, Turkey, Syria, and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S. Central Command or were directly supporting military operations in the combat theater. (1) A bronze service star is authorized for wear with this service medal for participation in each credited campaign. (2) Table B-1 contains a list of SWA Conflict campaigns and it shows that during the applicant's tour of duty in the Sinai, participation credit was awarded for the Liberation and Defense of Kuwait (17 January - 11 April 1991) campaign. b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM–SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. c. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM–K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and Table 2-1 (DD Form 214 – Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. It shows for: a. item 13, list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22; and b. item 18, for an active duty Soldier deployed to a foreign country during their continuous period of active service enter: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show his service in the Sinai in support of ODS and all of his authorized awards. 2. The evidence of record shows the applicant served in the Sinai from 13 July 1990 through 21 July 1991. However, this foreign service is not recorded in item 18 of his DD Form 214. a. He was credited with directly supporting military operations in the ODS combat theater during the period 17 January 1991 to 11 April 1991. b. He was authorized the SWASM with 1 Bronze Service Star. He was also authorized the KLM–K, which is recorded in item 13 of his DD Form 214 as the "Kuwait Liberation Medal." c. He was REFRAD prior to approval of the KLM–K for acceptance and wear, and the KLM–K is not recorded on his DD Form 214. 3. The evidence of record shows permanent orders awarded him the Army Achievement Medal (2nd Award) and Parachutist Badge, which are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002021 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002021 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2