IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150004522 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: * He served in Panama (Operation Just Cause) * He served in Southwest Asia (Operation Desert Storm) * He served in Saudi Arabia * He served in Iraq * His primary specialty was combat engineer 2. The applicant states, in effect, his foreign service is not shown on his DD Form 214 and the listed primary specialty is incorrect. 3. The applicant provides: * Department of Veterans Affairs Rating Decision, dated 28 February 2013 * Self-Authored Statements * Operation Desert Shield/Desert Storm Timeline, History, and Photographs * DD Form 214 * DD Form 215 (Correction to 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 enlisted in the Regular Army on 17 May 1988. He completed training and was awarded a combat engineer (12B10) military occupational specialty (MOS). 3. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows that he served on active duty in an imminent danger pay area (Panama) from 20 December 1989 to 31 January 1990. 4. Orders 018-127 were published on 29 January 1991, deploying the applicant to Southwest Asia in support of Operation Desert Storm, effective 1 February 1991. He departed Southwest Asia en-route to the United States on 30 April 1991. 5. On 11 June 1991, the applicant was released from active duty (REFRAD) at the expiration of his term of service. His DD Form 214 shows his primary specialty as 12B10 (Cannon Crewmember). It also shows the following awards: * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Armed Forces Expeditionary Medal (Operation Just Cause) * Army Achievement Medal 6. There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal. 7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. It states: a. The titles of all MOS or area of concentration served in for at least 1 year will be entered in item 11 (Primary Specialty) and will include the number of years and months served. b. In item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Do not enter State awards and decorations on DD Form 214. c. In item 18 (Remarks) – For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18. Only deployment in an imminent danger/hostile fire zone will be reflected. 8. Army Regulation 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. 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. d. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. The primary specialty listed on his DD Form 214 is incorrect as currently reflected and it should be corrected. 3. The available evidence clearly shows that he served in Panama from 20 December 1989 through 31 January 1990, in support of Operation Just Cause. 4. There is no evidence that he served in Iraq; however, evidence shows he served in Southwest Asia from 1 February through 30 April 1991, in support of Operation Desert Storm. His DD Form 214 should be amended to show all of his deployed foreign service. 5. The applicant is also authorized additional awards that are not currently reflected on his DD Form 214. It would now be in the interest of justice to correct his DD Form 214 to show all of his authorized awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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. Deleting the words Cannon Crewmember from item 11 on his DD Form 214 and adding the words Combat Engineer. b. Awarding him the Army Good Conduct Medal (First Award) for exemplary service for the period 17 May 1988 through 16 May 1991. c. Amending item 13 on his DD Form 214 to show he is authorized the Army Good Conduct Medal (First Award), the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal - SA, and the Kuwait Liberation Medal - K. d. Amending item 18 on his DD Form 214 to add the phrase "SERVICE IN PANAMA FROM 19891220-19900131//SERVICE IN SOUTHWEST ASIA FROM 19910201-19910430." 2. The Board further determined that 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 amending his DD Form 214 to show he served in Iraq. ____________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. ABCMR Record of Proceedings (cont) AR20150004522 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004522 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1