IN THE CASE OF: BOARD DATE: 6 February 2018 DOCKET NUMBER: AR20160006173 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 February 2018 DOCKET NUMBER: AR20160006173 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a.  adding the following awards to item 13 of his DD Form 214: * Southwest Asia Service Medal with one bronze service star * Kuwait Liberation Medal-Kuwait b.  adding the entry "SERVICE IN KUWAIT FROM 19930801-19931031" to item 18 of his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 18 of his DD Form 214 to show periods of deployments to Kuwait between 1994 and 1995 and Haiti in 1995. __________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: 6 February 2018 DOCKET NUMBER: AR20160006173 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 his foreign service in support of Operations Desert Shield/Desert Storm and Operation Uphold Democracy. 2. The applicant states: a. He deployed to Camp Doha, Kuwait, as a medic in military occupational specialty (MOS) 91B (Medical Specialist) between 1994 and 1995 from 2nd Battalion, 37th Armor Regiment, 3rd Infantry Division, Vilseck, Germany. He received a "combat patch [shoulder sleeve insignia-former wartime service]" for participation in Operation Desert Storm. b. He deployed to Port of Prince, Haiti, as a medic in 1995 from 2nd Battalion, 63rd Armor Regiment, Area Support Medical Battalion, Fort Bragg, NC, in support of Operation Uphold Democracy. c. He feels an unintentional error occurred when the above deployments were not recorded on his DD Form 214. He requests addition of the deployments so he may receive the corresponding service awards. 3. The applicant states he provides documentation supporting his award of the "combat patch"; however, there were no documents included with his application. 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 16 November 1992. He completed training and was awarded MOS 91B. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to: * Headquarters and Headquarters Company, 2nd Battalion, 37th Armor Regiment, Vilseck, Germany, from 28 April 1993 through on or about 31 May 1995 * 19th Replacement Detachment, Fort Bragg, NC, from 1 June 1995 through 8 June 1995 4. His records further show he was assigned to Company C, 261st Area Support Medical Battalion, 44th Medical Brigade, Fort Bragg, NC, from 9 June 1995 through 15 November 1996. 5. He was honorably released from active duty on 15 November 1996. He completed 4 years of creditable active military service. His DD Form 214 shows he was awarded or authorized the: * Army Lapel Button * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. Item 18 (Remarks) of his DD Form 214 does not list any deployments. 7. 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 1 August 1993 through 31 October 1993 (in whole months). 8. Defense Finance and Accounting Service records show he received imminent danger pay for the period 1 August 1993 through 31 October 1993 (in whole months) for service in Kuwait. 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 is 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 is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990-16 January 1991) * Liberation and Defense of Kuwait (17 January-11 April 1991) * Southwest Asia Cease-Fire (12 April 1991-30 November 1995) b.  The Kuwait Liberation Medal-Kuwait 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. This version of the regulation did not provide for recording deployments on the DD Form 214; however, the current version of the regulation provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18. DISCUSSION: 1. The evidence of record shows the applicant was deployed to Kuwait from on or about 1 August 1993 through on or about 31 October 1993. 2. Current regulatory guidance provides for recording deployments on the DD Form 214. Item 18 of his DD Form 214 does not reflect his deployed service in Southwest Asia from on or about 1 August 1993 through on or about 31 October 1993. 3. He served a qualifying period for award of the Southwest Asia Service Medal and he participated in one campaign. His DD Form 214 does not show award of the Southwest Asia Service Medal with one bronze service star. 4. The available evidence also shows he completed a qualifying period of service for award of the Kuwait Liberation Medal-Kuwait. His DD Form 214 does not reflect this award. 5. His records are void of documentation showing he served in the geographical area of operations for Operations Desert Shield/Desert Storm in 1994-1995 or Operation Uphold Democracy in Haiti in 1995. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006173 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006173 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2