BOARD DATE: 29 August 2017 DOCKET NUMBER: AR20150019268 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: 29 August 2017 DOCKET NUMBER: AR20150019268 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: a. awarding him the Army Good Conduct Medal (3rd Award) for the period 16 February 1990 through 15 February 1993, b. amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 March 1993 as follows: (1) deleting the entries "unk" in item 12f (Foreign Service)and adding the entry "0005/11/5," and (2) adding the following awards to item 13 (Decorations, Medals, Badges, Citations and Campaigns Ribbons Awarded or Authorized): * Army Commendation Medal (1st Award) * Army Achievement Medal (1st Award) * Army Good Conduct Medal (3rd Award) * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Government of Kuwait * Driver and Mechanic Badge with Driver-W Component Bar (3) adding to item 18 (Remarks) the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910129 and 19910801-19911231." ____________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: 29 August 2017 DOCKET NUMBER: AR20150019268 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 item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all authorized awards and decorations. 2. The applicant states he returned to Washington State from Germany due to an emergency involving his children. At the time, his children were residing with his former spouse, but he filed for custody. He was told he would have to return to Germany despite the fact the court had not yet resolved the custody issue. In order to remain, he had to request a hardship discharge. His DD Form 214 was incomplete because his records were in Germany. 3. The applicant provides a copy of his DD Form 214, ending 1 March 1993; his driver license; Department of Veterans' Affairs identification card; and his social security card. 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 had prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 16 February 1984. He served continuously through reenlistments and extensions, and rose to the rank of sergeant. 3. His available service record shows the following awards and documentation: a. Permanent Order Number 18-2, dated 6 December 1985, issued by Headquarters, 106th Transportation Battalion awarded him the Driver and Mechanic Badge with Driver-W Component Bar for the period 26 August to 20 November 1985. b. Permanent Order Number 52-32, dated 13 March 1987, issued by U.S. Army Regional Personnel Center, Mainz awarded him the Army Good Conduct Medal (1st Award) for the period 8 February 1984 to 15 February 1987. c. Permanent Order Number 21-5, dated 21 March 1989, issued by Headquarters, 106th Transportation Battalion awarded him the Army Achievement Medal (1st Award) for meritorious achievement between 26 August 1985 and 12 May 1988. d. Permanent Order Number 54-2, dated 23 August 1989, issued by Headquarters, 37th Transportation Group awarded him the Army Commendation Medal for meritorious service from 5 June 1985 to 4 November 1989 (a period of 4 years, 5 months,. The order indicates this was a "PCS" (permanent change of station) award. e. Permanent Order Number 23-10, dated 7 February 1990, issued by Headquarters, I Corps and Fort Lewis awarded him the Army Good Conduct Medal (2nd Award) for the period 16 February 1987 to 15 February 1990. 4. A review of the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center (DMDC) revealed he deployed twice to the Gulf region: 1 October 1990 to 29 January 1991, and 1 August to 31 December 1991 (a total of 8 months and 29 days). This primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who deployed to the theater of operations. 5. A DA Form 31 (Request and Authority for Leave), dated 15 December 1992, shows the applicant requested and was granted leave under emergency conditions from 15 December 1992 to 4 January 1993. 6. The applicant applied for a hardship discharge on 8 February 1993. He noted in his application he was trying to get custody of his children and affirmed he had been reassigned to Germany in March 1992. His request was approved on 17 February 1993. 7. The applicant was honorably discharged on 1 March 1993 based on his request for a hardship discharge. His DD Form 214 shows the following: * item 12c (Net Active Service This Period) – 9 years and 16 days * item 12f (Foreign Service ) – unknown * item 13 – Army Service Ribbon, National Defense Service Medal, and Army Lapel Button * item 18 (Remarks) – this item is void of any overseas service or deployments * item 24 (Character of Service) – Honorable * item 28 (Narrative Reason for Separation) – Hardship 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, or 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) Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990-16 January 1991) * Liberation and Defense of Kuwait (17 January 1991-11 April 1991) * Southwest Asia Cease-Fire (12 April 1991-30 November 1995) 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 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 Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. One of the qualifying periods for this award is for every 3 years completed on or after 27 August 1940. 2. AR 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214. It states: a. Item 12f will show the total amount of foreign service performed during the period covered by block 12c. 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. The applicant requested correction of record to add all awards he is entitled to item 13 of his DD Form 214. His available service record confirms permanent orders awarded him the following awards not currently listed on his DD Form 214: * Army Commendation Medal (1st Award) * Army Achievement Medal (1st Award) * Army Good Conduct Medal (2nd Award) * Driver and Mechanic Badge with Driver-W Component Bar 2. Although the exact dates of service for the applicant's two tours in Germany are not available, the preponderance of evidence supports the following: a. Based on the dates reflected for his PCS Army Commendation Medal, his first tour in Germany appears to have been from on or about 5 June 1985 to on or about 4 November 1989 (4 years and 5 months). b. In his request for hardship separation, the applicant noted his second tour in Germany began in or around March 1992. He departed on leave under emergency conditions on 15 December 1992. This equates to about 9 months and 15 days of foreign service. c. Combining the two periods served in Germany, it appears his total service in Germany was 5 years, 2 months, and 15 days. 3. Although his available service record is void of any documentation showing he deployed to Southwest Asia in support of Operations Desert Shield/Desert Storm, the DMDC database indicates two periods: 1 October 1990 to 29 January 1991, and 1 August to 31 December 1991 (a total of 8 months and 29 days). AR 635-8 requires all deployment to be listed in item 18 of the DD Form 214, but neither of these periods are reflected. a. The DMDC database appears to be the best available record of his service in Southwest Asia. Concerning the entry for 12f, when his two tours in Germany are added to his deployment in Southwest Asia, the combined total is 5 years, 11 months, and 15 days. It would be appropriate to amend items 12f and 18 accordingly. b. Based on his service in Southwest Asia, he is authorized the following additional awards and decorations not currently reflected on his DD Form 214: * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Government of Kuwait 4. He appears to have met the criteria for award of the Army Good Conduct Medal (3rd Award) for the period 16 February 1990 through 15 February 1993. His records revealed the following: * there is no derogatory information in his available record * there is no indication his commander sought to disqualify him for this period * he deployed in support of Operations Desert Shield/Desert Storm and apparently served honorably * he was granted an honorable character of service when he separated due to hardship //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019268 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019268 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2