IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011875 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 IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011875 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 amending his DD Form 214 for the period ending 30 September 1991 to show the following awards: * Army Commendation Medal (4th Award) * Southwest Asia Service Medal with two bronze service stars * Korea Defense Service Medal * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Government of Kuwait * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Presidential Unit Citation * Meritorious Unit Commendation 2. The Board further determined that the evidence presented was 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 adjusting his total foreign service (item 12f) or adding additional periods of deployed service to item 18. ___________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. IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011875 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) for the period ending 30 September 1991 by adding: * service during Operation Desert Shield/Desert Storm * all associated awards for this service 2. The applicant states, in effect: * he served during Operations Desert Shield/Desert Storm and this service is not reflected on his DD Form 214 * his DD Form 214 is missing authorized awards * he discovered his Southwest Asia deployment was missing when he was evaluated for post-traumatic stress disorder by the Department of Veterans Affairs 3. The applicant provides no additional documentary 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. Having briefly served in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 27 September 1971. He served continuously through extensions and reenlistments honorably retiring on 30 September 1991 for sufficient length of service. 3. His DD Form 214 shows he completed 17 years, 6 months, and 2 days of net active creditable service for the period of the report, with 2 years, 6 months, and 2 days of prior active service (total net active creditable service of 20 years and 4 days). a. Item 12f (Foreign Service) - 9 years, 3 months, and 14 days. b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * Parachutist Badge * Humanitarian Service Medal * Overseas Service Ribbon with Numeral 3 * Expert Infantryman Badge * Army Achievement Medal (4th Award) * Army Good Conduct Medal (6th Award) * National Defense Service Medal with one bronze service star * Army of Occupation Medal * Noncommissioned Officer Professional Development Ribbon with Numeral 3 c. Item 18 (Remarks) contains the entry, "SWA [Southwest Asia]: 900818 TO 910402." 4. His official military personnel file (OMPF) contains the following: a. DA Form 2-1 (Personnel Qualification Record - Part II): (1) Item 5 (Overseas Service): * Germany from on or about 22 November 1975 to on or about 14 December 1979 (49 months, normal tour completion – "Yes") * Germany from on or about 9 December 1981 to on or about 26 August 1985 (43 months, normal tour completion – "Yes") * Korea from on or about 28 November 1988 to on or about 29 November 1989 (12 months, normal tour completion – "Yes") * Asia, Middle East, and Africa (AMEA) - Saudi Arabia from on or about 19 August 1990 to 2 April 1991 (7 months, normal tour completion – "Yes") * total foreign service reflected in years and months is 9 years and 3 months (2) Item 9 (Awards, Decorations, and Campaigns), lists the same awards and decorations shown on his DD Form 214 for the period ending 30 September 1991, with the exception of the following additions: * Army Commendation Medal (4th Award) * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * campaign credit for: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991) b. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 March 1974 shows the Presidential Unit Citation. c. Permanent Orders (PO) Number 226-18, dated 3 November 1989, issued by Headquarters, 2nd Infantry Division, awarded him the Army Commendation Medal (4th Award). d. PO Number 96-24, dated 18 May 1991, issued by Headquarters, 82nd Airborne Division, awarded the applicant the Combat Infantryman Badge effective 23 February 1991. He was assigned to the 3rd Battalion, 504th Parachute Infantry Regiment. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who served 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 include: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991) b. 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. 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. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 2. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214. It states, in pertinent part: a. Item 12f will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 13, list all federally recognized awards and decorations for all periods of service. c. Item 18, for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 3. Department of the Army General Order Number 27, dated 1994, awarded the Meritorious Unit Commendation to the 3rd Battalion, 504th Parachute Infantry Regiment for the period 18 August 1990 to 7 April 1991. 4. According to the Center of Military History, Operations Desert Shield and Desert Storm was from August 1990 to March 1991. DISCUSSION: 1. A review of the applicant's DD Form 214 for the period ending 30 September 1991 shows item 12f accurately reflects his total foreign service. His deployment to Southwest Asia is correctly shown in item 18. As such, no correction is required. 2. PO awarded him the Army Commendation Medal (4th Award) and the Combat Infantryman Badge. His DA Form 2-1 indicates he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Additionally, his DD Form 214 for the period ending 29 March 1974 shows the award of a Presidential Unit Citation. 3. He is authorized the Korea Defense Service Medal based on his service in Korea from on or about 28 November 1988 to on or about 29 November 1989. 4. The evidence of record confirms he was deployed to Southwest Asia during Operations Desert Shield/Desert Storm. Based on this service, he is eligible for the following awards: * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Government of Kuwait 5. The 3rd Battalion, 504th Parachute Infantry Regiment was awarded the Meritorious Unit Commendation during the applicant’s assignment and deployment to Southwest Asia. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011875 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011875 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2