BOARD DATE: 03 October 2017 DOCKET NUMBER: AR20160003361 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: 03 October 2017 DOCKET NUMBER: AR20160003361 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 27 September 1992, by: a. adding the following awards: * Army Commendation Medal * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) * Meritorious Unit Commendation b. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901019 – 19910515." ______________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: 03 October 2017 DOCKET NUMBER: AR20160003361 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 27 September 1992, to show his foreign service in support of Operations Desert Shield and Desert Storm and to show he was awarded or authorized the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB). 2. The applicant states, in effect, his DD Form 214 does not reflect the ARCOM, the CIB, or his foreign service in support of Operations Desert Shield and Desert Storm. The error was brought to his attention by a combat veterans group. 3. The applicant provides a copy of his: * DA Form 3686 (JUMPS – Army – Leave and Earnings Statement – Copy 1 – Member), for the month of February 1991 * Permanent Orders 013-034, issued by Headquarters, 1st Brigade, 327th Infantry Regiment on 16 March 1991 * Permanent Orders 109-008, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell on 19 April 1991 * DD Form 214, for the period ending 27 September 1992 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. Following prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 28 September 1988. 3. The Operations Desert Shield/Desert Storm Database, compiled by the Defense Manpower Data Center, is the primary file that contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. This database shows the applicant was deployed to Southwest Asia from 19 October 1990 through 15 May 1991. During this period, he was assigned to Company C, 2nd Battalion, 327th Infantry Regiment. 4. Permanent Orders 013-034, issued by Headquarters, 1st Brigade, 327th Infantry Regiment on 16 March 1991, awarded the applicant the ARCOM for exceptionally meritorious service to his country during Operation Desert Shield. 5. Permanent Orders 109-008, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell on 19 April 1991, awarded the applicant the CIB. 6. The applicant was honorably released from active duty on 27 September 1992. 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: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Air Assault Badge * Marksman Marksmanship Qualification Badge with Auto Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar b. Item 18 (Remarks), no recorded entries that indicate he participated in any named operations or campaigns (e.g. Operations Desert Shield and Desert Storm). 7. Department of the Army General Orders (DAGO) Number 1, dated 31 March 1996, announced award of the Meritorious Unit Commendation to 2nd Battalion, 327th Infantry Regiment during the period 12 September 1990 to 8 April 1991. 8. A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was created on 2 November 2016 by officials at the National Archives and Records Administration (NARA), St. Louis, MO. This document amended the applicant's DD Form 214 by adding the CIB. REFERENCES: 1. 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 SWASM 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Table 2-1 provided instruction pertaining to the completion of the DD Form 214. a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) was used to document the decorations, medals, badges, citations and campaign ribbons awarded or authorized. b. Item 18 (Remarks) was used to document the remarks that were pertinent to the proper accounting of the separating Soldier's period of service. For active duty Soldiers who deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" would be included in item 18 when the DD Form 214 was prepared. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the ARCOM and CIB, and to show his foreign service in Southwest Asia, was carefully considered. 2. Permanent orders awarded the applicant the ARCOM. However, this award is not shown on his DD Form 214. 3. A DD Form 215 was created on 2 November 2016 by officials at NARA. This document amended the applicant's DD Form 214 by adding the CIB. 4. The applicant served in Southwest Asia from on or about 19 October 1990 through on or about 15 May 1991. This period of foreign service is not credited in item 18 of his DD Form 214. 5. The applicant's foreign service was within the regulatory time frame for award of the Southwest Asia Service Medal; however, this award is not shown on his DD Form 214. Additionally, he participated in three campaigns during his service in Southwest Asia. His DD Form 214 should show he was authorized the Southwest Asia Service Medal with three bronze service stars. 6. The applicant served a qualifying period of service 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. 7. Department of the Army general orders awarded the applicant's unit of assignment the Meritorious Unit Commendation during a period he was assigned. The unit award is 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) AR20150010975 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003361 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2