BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017387 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: 27 April 2017 DOCKET NUMBER: AR20150017387 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 his 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty) by: a. Deleting from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Southwest Asia Service Medal with two bronze service stars, and b. Adding to item 13 the: * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) * Valorous Unit Award _____________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: 27 April 2017 DOCKET NUMBER: AR20150017387 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 January 1992 to show any missing awards and decorations he is authorized based on his period of active service. 2. The applicant states after researching his unit, he discovered he received other medals and ribbons that were never entered on his DD Form 214. 3. The applicant provides a copy of his 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 3 October 1989. He completed his initial entry training and was awarded military occupational specialty 12B (Combat Engineer). 3. Following the completion of his initial entry training, he was assigned to the 84th Engineer Company, in the Federal Republic of Germany. He was assigned to this unit throughout the remainder of his period of active service. 4. The applicant deployed with his unit to Southwest Asia (SWA) from on or about 8 December 1990 through on or about 22 April 1991. 5. The applicant's record contains a DA Form 4126-R (Bar to Reenlistment Certificate) that shows a bar to reenlistment was approved on 25 November 1991, effectively barring the applicant from reenlistment based on his inability to pass the Army Physical Fitness Test. The applicant elected not to appeal the bar. 6. The applicant was honorably discharged on 10 January 1992, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-5 (Early Separation of Personnel Denied Reenlistment), sub-paragraph b (Locally Imposed Bar to Reenlistment). His DD Form 214 shows in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar b. Item 18 (Remarks), the entry "SERVICE IN SWA 8 DEC 1990 TO 22 APR 1991." 7. Permanent Order Number 74-3, issued by U.S. Army Forces Central Command on 26 May 1992 and later incorporated into Department of the Army General Orders 27 on 27 December 1994, awarded the 84th Engineer Company the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 23 February through 26 February 1991. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Southwest Asia Service Medal was 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 was authorized for wear on the Southwest Asia Service Medal for the following campaigns: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal (Kingdom of Saudi Arabia) was approved on 3 January 1992 and was 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. The Kuwait Liberation Medal (Government of Kuwait) was approved on 9 November 1995 and was 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: 1. The applicant served in SWA from on or about 8 December 1990 through on or about 22 April 1991. His DD Form 214 identifies the Southwest Asia Service Medal with two bronze service stars as an authorized award; however, his service in SWA spanned all three campaigns. Therefore, his DD Form 214 should show he is authorized the Southwest Asia Service Medal with three bronze service stars. 2. The applicant's service in Southwest Asia occurred during a qualifying period for the Kuwait Liberation Medal (Kingdom of Saudi Arabia) and the Kuwait Liberation Medal (Government of Kuwait). These foreign service awards are not shown on his DD Form 214. 3. Permanent orders and Department of the Army General Orders awarded the Valorous Unit Award to the 84th Engineer Company, during the period in which the applicant was assigned. This unit award is not shown on his DD Form 214. 4. There are no additional documents that constitute evidence showing the applicant is authorized any awards, decorations or unit awards other than the awards discussed above. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017387 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2