BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20170007922 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: 23 May 2017 DOCKET NUMBER: AR20170007922 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 amending her DD Form 214 for the period ending 31 October 1993 as follows: * delete from item 13 the Southwest Asia Service Medal with 2 bronze service stars * add to item 13 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (SA), Kuwait Liberation Medal (K), and Armed Forces Reserve Medal with "M" Device * add to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901219-19910521" _____________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: 23 May 2017 DOCKET NUMBER: AR20170007922 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1993 to show her service in Southwest Asia and associated awards, including the: * Southwest Asia Service Medal with 3 bronze service stars * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation Medal (Saudi Arabia) * Armed Forces Reserve Medal with "M" Device 2. The applicant states she served in Southwest Asia in support of Operations Desert Shield/Storm from 19 December 1990 to 21 May 1991. She was assigned to the 263rd Maintenance Company, 1st Maintenance Battalion. Her DD Form 214 does not show her service in Southwest Asia, which affects her eligibility for benefits. 3. The applicant provides: * DD Form 214 for the period ending 31 October 1993 * Certificate of Service during Operation Desert Storm * Orders 170-60A-372, dated 7 September 1989 * DA Form 638-T (Recommendation for Award of the Meritorious Service Medal and Below) * Army Commendation Medal Certificate * Officer Evaluation Reports and Support Form * DA Form 638-1 and Army Achievement Medal Certificate * Officer Record Brief 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 was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 30 April 1989. She was ordered to active duty on 1 November 1989. 3. Following completion of the Quartermaster Corps Officer Basic Course, she was assigned to the 263rd Maintenance Company in Germany, around March 1990. 4. She provides and/or her records contain: a. Certificate issued by Headquarters, 2nd Corps Support Command, Saudi Arabia, acknowledging her service in support of Operation Desert Storm. b. DA Form 638-T, dated 21 March 1991, awarding her the Army Commendation Medal for meritorious achievement for deployment in support of Operation Desert Storm, from 19 December 1990 to 18 March 1991. All three achievement bullets comment on her performance during her deployment. c. Certificate awarding her the Army Commendation Medal for meritorious achievement with the 263rd Maintenance Company, during all phases of Operation Desert Storm from 16 January 1991 to 10 March 1991, by Permanent Orders (PO) 19-151, dated 3 May 1991. d. DA Form 638-1 and Certificate awarding her the Army Achievement Medal for meritorious service from 4 May 1990 to 26 July 1991, by PO 92-02, dated 3 September 1991. One of the bullet comments mentions her performance as platoon leader during Operation Desert Shield/Storm. e. Officer Evaluation Report (OER) for the rating period 17 March 1990 to 16 March 1991, wherein both, her rater and senior rater commented on her performance and support by providing Class IC support during Operation Desert Storm. Her rater is listed as Captain (CPT) Ge-- G. Ak--. f. OER for the rating period 17 March 1991 through 27 July 1991, also mentioning her performance in Southwest Asia prior to redeployment to Germany. Her rater is listed as Captain (CPT) Ge-- G. Ak-. g. OER Support form mentioning her deployment in support of Operations Desert Shield/Storm and assuming the role of acting company commander in charge of 104 Soldiers while the remainder of the company was in Kuwait from 20 February to 17 March 1991. h. Officer Record Brief, dated 24 September 1992 shows she completed 5 months of service in Saudi Arabia and her return date was April 1991. 5. She was honorably released from active duty on 31 October 1993 and transferred to the USAR Control Group (Reinforcement). Her DD Form 214 shows she completed 4 years of active service during this period. This form also shows in: * Item 12f (Foreign Service), completion of 3 years, 7 months, and 2 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Southwest Asia Service Medal with 2 bronze service stars, Army Commendation Medal (2nd Award), Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon * Item 18 (Remarks) does not show deployment to Southwest Asia 6. A review of her company commander's DD Form 214 (has since retired from active duty) shows he served in Southwest Asia from 19 December 1990 to 21 May 1991. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, 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 are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. Kuwait Liberation Medal-Saudi Arabia, awarded by the Kingdom of Saudi Arabia, 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 and 28 February 1991. c. Kuwait Liberation Medal-Kuwait, 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.. d. The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years. Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code. The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code. Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the “M” Device. 2. AR 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for entry of the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) in item 12f. A more recent version of this regulation stated for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18. DISCUSSION: 1. The applicant served in Southwest Asia in support of Operations Desert Shield/Storm. Most available documents reflect her date of departure to Southwest Asia as 19 December 1990. This is reflected on her award of the Army Commendation Medal. Her date of departure from Southwest Asia, however, is unclear. a. The same Army Commendation Medal that shows her date of departure as 19 December 1990, reflects the ending date of the award as 18 March 1991, suggesting her deployment may have ended on that date. However, her second OER for the rating period 17 March 1991 to 27 July 1991 indicates she was still in theater during this period. b. Her Officer Record Brief shows she completed 5 months of service in Southwest Asia and her date of return as April 1991. Her company commander's records show the period of service in Southwest Asia as 19 December 1990 to 21 May 1991 (which equates to 5 months). It would be reasonable to presume she redeployed with her company commander on or about 21 May 1991. c. It appears she served in Southwest Asia for 5 months from 19 December 1990 to 21 May 1991. The version of AR 635-5 in effect at the time did not provide for entry of deployed service in item 18. A later revision of the regulation required an entry in item 18 of the DD Form 214 showing deployed service. 2. Item 12f of his DD Form 214 shows her foreign service in Germany for 3 years, 7 months, and 2 days, which includes her deployment in support of Operations Desert Shield/Storm. 3. Based on her dates of service in Southwest Asia, she is eligible for awards of the Southwest Asia Service Medal with 3 (not 2) bronze service stars, the Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal-Kuwait, and the Armed Forces Reserve Medal with "M" Device. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170007922 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170007922 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2