IN THE CASE OF: BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150017515 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 IN THE CASE OF: BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150017515 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 DD Form 214 for the period ending 5 July 1995 as follows: * delete from item 12f the entry "0000/00/00" and replace it with "0000/05/01" * add to item 13 the Southwest Asia Service Medal with one bronze service star and Kuwait Liberation Medal – Government of Kuwait * add to item 18, "SERVICE IN KUWAIT 19921001-19930301" ___________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: 10 January 2017 DOCKET NUMBER: AR20150017515 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) by adding his foreign service in Kuwait, occurring between 1992 and 1993. 2. The applicant states, in effect, he was deployed to Kuwait in support of Operation Intrinsic Action 93-1 (20 October through 20 December 1992), and Operation Southern Watch. His DD Form 214 does not reflect this period of foreign service. While he is not sure of the exact dates of his total service in Kuwait, he is certain he was there from 20 October through 20 December 1992 while a member of Headquarters and Headquarters Company (HHC), 3rd Battalion, 41st Infantry Regiment (later redesignated as HHC, 1st Battalion, 9th Cavalry Regiment in January 1993). 3. The applicant provides: * DD Form 214, ending 5 July 1995 * letter, dated 16 May 1995 * two Joint Task Force-Kuwait Certificates, dated 20 December 1992 and 1 March 1993, respectively * Certificate of Achievement, 3rd Battalion, 41st Infantry Regiment, dated 25 February 1993 * Certificate of Appreciation, 1st Battalion, 9th Cavalry Regiment, dated 25 February 1993 * Permanent Orders (PO) Number 3-1, dated 13 January 1993, issued by Headquarters, 1st Cavalry Division with by-name list * five photographs 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 6 August 1991. He was assigned to Fort Hood, TX. 3. His official military personnel file (OMPF) contains the following documents: a. DA Form 2-1 (Personnel Qualification Record – Part II), last reviewed by the applicant on 7 October 1992: * Item 9 (Awards, Decorations, and Campaigns) is void of any awards for service in Southwest Asia; additionally, there is no reference to his participation in any campaigns * Item 35 (Record of Assignments) shows he was assigned to HHC, 3rd Battalion, 41st Infantry Regiment, then to HHC, 1st Battalion, 9th Cavalry Regiment between 11 November 1991 and his separation date b. DA Form 2A (Personnel Qualification Record – Part I), prepared 1 December 1994: * Section III (Unit Data), item 1 (UPC [Unit Processing Code]) lists EZKTO for HHC, 1st Battalion, 9th Cavalry Regiment * Section IV (Service Data): item 12 (Deployment Indicator) is blank; item 16 (Last Combat Tour/Date) shows none; and item 17 (Current/Last Foreign Service Tour) shows no prior overseas service c. His OMPF is void of any documentation showing he deployed to Southwest Asia. 4. He was honorably released from active duty on 5 July 1995. His DD Form 214 shows he completed 3 years and 11 months of net active creditable service. * Item 12f (Foreign Service) is blank * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button * Item 18 (Remarks) is void of any entries showing a deployment 5. A review of the Operations Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC) reflects he deployed to the Gulf region between 1 October 1992 and 31 March 1993 while a member of Unit Identification Code (UIC) WEZKTO [HHC, 1st Battalion, 9th Cavalry Regiment]. This period qualifies the applicant for one campaign: Southwest Asia – Cease-Fire (12 April 1991 to 30 November 1995). 6. The applicant provides certificates indicating he deployed with his unit to Kuwait in support of Operations Intrinsic Action 93-1, Southern Watch, and Iris Gold, between October 1992 and February 1993. REFERENCES: 1. Army Regulation (AR) 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 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. (1) To be eligible, a service member must meet one or more of the following criteria: * be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations * be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days; these time limitations may be waived for people participating in actual combat operations (2) Southwest Asia – Cease-Fire (12 April 1991 to 30 November 1995) is an approved designated campaign for this award. b. The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and can be given 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. 2. AR 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 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)." DISCUSSION: 1. While not specifying the country, the DMDC database affirms the applicant was deployed to Southwest Asia between October 1992 and March 1993 (a period of 5 months and 1 day). Evidence offered by the applicant clearly indicates that service was in Kuwait. His DD Form 214 does not reflect any foreign service. a. The applicant indicates he deployed twice to Kuwait (October to December 1992, then again from January to February 1993). b. Although the dates listed in the DMDC database appear to conflict with those provided by the applicant, it is nonetheless accepted as the authoritative source for dates of service during the Gulf War and, as such, it would be appropriate to use the dates shown. 2. Based on his service in Southwest Asia, he qualifies for the Southwest Asia Service Medal with one bronze service star, as well as the Kuwait Liberation Medal awarded by the Government of Kuwait. These awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017515 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017515 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2