BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004781 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 3 years of foreign service in Germany as well as his deployment to Southwest Asia in support of Operations Desert Shield/Storm and associated awards. 2. The applicant states, in effect, he completed 3 years of service in Germany from October 1986 to September 1989. He also deployed to Southwest Asia between October 1990 and March 1991 with the 36th Medical Detachment. 3. The applicant does not provide any additional evidence. 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 records show he enlisted in the Regular Army on 5 September 1984 and he held military occupational specialty 93P (Flight Operations Coordinator). 3. His DA Form 2-1 (Personnel Qualification Record), which would have listed his chronological record of assignments, including Germany and Southwest Asia, is not available for review with this case. 4. Other documents in his records show he was initially assigned to Company B, 158th Aviation Battalion, Fort Campbell, KY. He extended his enlistment contract on 4 February 1986 to meet the service remaining requirement for an overseas assignment in Europe. 5. On 26 March 1989, he reenlisted in the Regular Army for 3 years. He executed his reenlistment contract at Giebelstadt Airfield in Germany. 6. On 10 May 1989, Headquarters, 258th Personnel Services Center, Wuerzburg published Orders 89-7 reassigning him to Fort Polk, LA with an availability date of 14 October 1989, suggesting that his 3-year tour began on or around 15 October 1986. 7. Following his tour in Germany, he was reassigned to the 36th Medical Detachment 1st Medical Group, Fort Polk, LA. 8. On 8 October 1990, Headquarters, 5th Personnel Service Company, Fort Polk, LA published Orders 160-2 ordering him and other Soldiers on a temporary change of station (TCS) from Fort Polk to the U.S. Army Forces Command, Southwest Asia, in support of Operation Desert Shield, beginning on or around 8 October 1990. 9. Permanent Orders (PO) 11-1, issued by Headquarters, 44th Medical Brigade on 1 April 1991, awarded him the Army Commendation Medal for meritorious service in support of Operation Desert Shield/Storm from 15 August 1990 to 15 March 1991. 10. He was honorably discharged on 25 March 1992. His DD Form 214 shows he completed 7 years, 6 months, and 21 days of active service. It also shows in: * item 12f (Foreign Service), "0000-00-000" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Army Achievement Medal (1st Oak Leaf Cluster) * Army Lapel Button * Army Service Ribbon * Good Conduct Medal (1st Award) * NCO Professional Development Ribbon * National Defense Service Medal * Air Assault Badge * Item 18 (Remarks), "Service in Southwest Asia from 910109 to 910313" 11. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. Chapter 2 states for: * Item 12f, enter the total foreign service outside continental United States completed during the period covered by the DD Form 214 * Item 13, enter all awards and decorations * Item 18, 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 12. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members 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) 13. Army Regulation 600-8-22 (Military Awards) also states: a. The Kuwait Liberation Medal 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 1991 and 28 February 1991. b. 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. DISCUSSION AND CONCLUSIONS: 1. With respect to his foreign service: a. Although his exact dates of service in Germany are unknown, based on the available evidence, he appears to have served in Germany for 3 years. This foreign service is not credited in item 12f. b. Although his award of the Army Commendation Medal states "awarded for meritorious service in support of Operation Desert Shield/Storm from 15 August 1990 to 15 March 1991," he contends he deployed in October 1990 and his TCS orders confirm his deployment on or about 8 October 1990. It appears he served in Southwest Asia from 8 October 1990 to 15 March 1991, a period of 5 months and 8 days. His total foreign service equates to 3 years, 5 months, and 8 days. 2. PO awarded him the Army Commendation Medal for meritorious service in support of Operation Desert Shield/Storm from 15 August 1990 to 15 March 1991. This award is not listed on his DD Form 214. 3. Based on his service in Southwest Asia, he meets the criteria for award of the Southwest Asia Service Medal with 3 bronze service stars (designating participation in 3 campaigns), Kuwait Liberation Medal (Kuwait), and Kuwait Liberation Medal (Saudi Arabia). 4. Also his deployment to Southwest Asia from 8 October 1990 to 15 March 1991 is not listed in item 18 of his DD Form 214. BOARD VOTE: ___X_____ __X______ __X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 12 the entry "000-00-000" and adding the entry "0003-05-08" * adding to item 13 the Army Commendation Medal, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal (Kuwait), and Kuwait Liberation Medal (Saudi Arabia) * adding to item 18 the entry "Service in Southwest Asia 19901008-19910315" _______ _ 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) AR20150004781 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004781 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1