BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160014504 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160014504 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Southwest Asia Service Medal with one bronze service star and Kuwait Liberation Medal-Kuwait to his DD Form 214 (Certificate of Release or Discharge from Active Duty) and b. amending item 18 (Remarks) of his DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19900801-19900930." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show award of the Army Commendation Medal. __________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: 6 June 2017 DOCKET NUMBER: AR20160014504 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal, Army Commendation Medal, and any additional awards to which he is entitled. 2. The applicant states his current DD Form 214 is missing the Southwest Asia Service Medal for service in support of Operation Desert Shield. He states he earned the Army Commendation Medal as an S-3 Air Noncommissioned Officer (NCO) with the 3rd Battalion, 505th Parachute Infantry Regiment, for deploying with the 82nd Airborne Division to Saudi Arabia during Operation Desert Shield. He received his DD Form 214 prior to issuance of the Southwest Asia Service Medal and Army Commendation Medal. He reached his expiration term of service while on terminal leave in July 1990. He volunteered to return to his unit since his unit never replaced him. He left Fort Bragg for Dhahran, Saudi Arabia, on the last flight on 10 August (1990). He claims he was in Saudi Arabia for approximately 2 to 3 months and was allowed to leave after he saw the 82nd Airborne did not really have a mission. 3. The applicant provides his Honorable Discharge Certificate, Army Achievement Medal Certificate, and DD Form 214. 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’s complete military records are not available for review. This case is being considered using the documents he provided. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 17 February 1984 and he was honorably discharged on 30 September 1986 for immediate reenlistment. 4. He provided an Army Achievement Medal Certificate, dated 1 September 1990, that shows he was awarded the Army Achievement Medal for meritorious achievement as the S-3 Air NCO during Operation Desert Shield from 7 to 20 August 1990. 5. He was discharged on 30 October 1990. His DD Form 214 shows the following awards: * Army Service Ribbon * Army Lapel Button * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Overseas Service Ribbon * Army Good Conduct Medal (2nd Award) * Noncommissioned Officer Professional Development Ribbon * Army Achievement Medal (4th Oak Leaf Cluster) * Expert Marksmanship Qualification Badge with Grenade Bar * Master Parachutist Badge 6. Item 18 (Remarks) of his DD Form 214 does not reflect any service in Southwest Asia. 7. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Storm Data Base. The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. This database shows the applicant served in Southwest Asia during Operation Desert Shield from 1 August to 30 September 1990. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns include the Defense of Saudi Arabia (2 August 1990 to 16 January 1991). c. The Kuwait Liberation Medal awarded by the Government of Kuwait 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 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. It states that item 18 is used for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks. Paragraph 18(f)(2) states the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit. 3. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 4. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The evidence of record shows the applicant served in Southwest Asia from 1 August to 30 September 1990. He served a period of qualifying service for award of the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal-Kuwait. However, his DD Form 214 does not reflect these awards. 2. There is no evidence of record and the applicant has not provided any evidence to verify he was awarded the Army Commendation Medal. While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 3. There is no evidence that indicates he was authorized any additional awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014504 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014504 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2