IN THE CASE OF: BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160002685 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: 5 April 2018 DOCKET NUMBER: AR20160002685 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 as follows: a. add to item 13: * Good Conduct Medal * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait * Army Commendation Medal b. add in item 18 the statement "SERVICE IN SAUDI ARABIA FROM 19901001-19910415." ___________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: 5 April 2018 DOCKET NUMBER: AR20160002685 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 all of his authorized awards and decorations. 2. The applicant states he would like to be acknowledged and honored for service to his country during Operation Desert Shield/Storm. 3. The applicant provides: * DD Form 214 * Army Commendation Medal Certificate * VII Corps Artillery certificate 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 (RA) on 13 February 1987. He completed training as a cannon crewman. He reenlisted in the RA on 31 July 1989. He was assigned to 1st Battalion, 17th Field Artillery Regiment, 75th Field Artillery Brigade. 3. On 27 February 1990, Headquarters, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, Permanent Orders 038-034 were published awarding the applicant the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal military service from 13 February 1987 to 12 February 1990. 4. Results of a Desert Shield/Storm Database Inquiry show he served in the Theater of Operations (Saudi Arabia) from 1 October 1990 to 15 April 1991. 5. On 24 October 1991, the applicant was discharged. He completed 4 years, 8 months, and 12 days of net active service this period. 6. Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214 shows the following awards: * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Driver and Mechanic Badge with Driver-T Bar * Army Service Ribbon * National Defense Service Medal 7. Item 18 (Remarks) on his DD Form 214 does not show his service in Saudi Arabia. 8. The applicant provides a copy of an Army Commendation Medal Certificate dated 1 August 1991. It shows that he received this award for meritorious achievement during Operation Desert Storm from 16 January 1991 to 28 February 1991. He was cited for his outstanding performance as a howitzer driver under combat conditions. The certificate is signed by a colonel, who would have had approval authority for the award at that time. The available records do not contain orders awarding him the Army Commendation Medal. 9. The applicant also provides a VII Corps Artillery certificate showing he was cited for meritorious service while deployed to Saudi Arabia in support of Operation Desert Shield/Storm as a member of the 1st Battalion, 17th Field Artillery Regiment. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: 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. 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) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 (KLM-KU) 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 Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 635-5 (Personnel Separation/Separation Documents) governed the preparation of the DD Form 214. The regulation in effect at the time provided that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (name of county where deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18. Only deployment in an imminent danger/hostile fire zone will be reflected. DISCUSSION: 1. The applicant provides an Army Commendation Medal Certificate showing he received the award for meritorious achievement during the period 16 January 1991 to 28 February 1991 while serving in support of Operation Desert Storm. The available records do not contain orders for this award; however, the information on the certificate corresponds to information available in military records of his deployment in support of Operation Desert Shield/Storm and the certificate is signed by an officer who would have had authority to approve the award. 2. He provides a VII Corps Artillery certificate. This is a locally-produced certificate for which there is no associated decoration. There is no basis for recording this certificate on his DD Form 214. 3. The applicant is authorized awards that are not currently reflected on his DD Form 214. Based on his deployed service in Saudi Arabia, he is authorized the Southwest Asia Service Medal with three bronze service stars, the KLM-SA, and the KLM-KU. He was also awarded the Army Good Conduct Medal, which is not shown on his DD Form 214. 4. His DD Form 214 does not show his deployed service in the remarks block. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002685 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002685 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2