BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006374 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration I BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006374 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) to show his foreign service in support of Operation Desert Shield/Desert Storm (ODS), all of his authorized awards, and issuance of the medal sets. 2. The applicant states he was assigned to the 437th Military Police Company, 16th Military Police Brigade, Fort Belvoir, VA. His unit deployed in support of ODS on 23 February 1991 and the brigade was awarded the Meritorious Service Medal (sic). a. He states the date of his deployment that is recorded in the Department of Defense (DoD) data base is incorrect; it shows an in-country date of 26 February 1991. He adds that his deployment is not recorded on his DD Form 214. b. He notes that two separate foreign decorations of the Kuwait Liberation Medal were authorized for service during the Persian Gulf War after he was discharged. (1) He states he served in Hawaii from 1 August 1991 to 2 February 1992 and qualified for the Overseas Service Ribbon. (2) He adds that he was awarded the Southwest Asia Service Medal, but he was never issued the medal set. 3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record). 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 and entered active duty in the Regular Army on 11 October 1990 for a period of 5 years. Upon completion of training he was awarded military occupational specialty 95B (Military Police). 3. His DA Form 2-1, in pertinent part, shows in – * item 5 (Oversea Service) – * Southwest Asia from 26 February 1991 through 26 March 1991; temporary duty * Hawaii from 1 August 1991 through 2 February 1992; permanent change of station; Normal Tour Completed: No * item 9 (Awards, Decorations and Campaigns) – * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with 1 Bronze Service Star * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars * Marksman Marksmanship Qualification Badge with Pistol (.45 caliber and 9 millimeter) Bar ? * item 35 (Record of Assignments) – * 437th Military Police Company, Fort Belvoir, VA, from 27 February 1991 through 17 July 1991 * Headquarters and Headquarters Company, 731st Military Intelligence Battalion, Schofield Barracks, HI, from 1 August 1991 through 1 February 1992 4. A DD Form 214 shows he was honorably discharged on 4 February 1992 based on a locally imposed bar to reenlistment. He had completed 1 year, 3 months, and 24 days of net/total active service this period. It also shows in – * item 12 (Record of Service), block f (Foreign Service): "00 [Years], 07 [Months], 04 [Days]" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Southwest Asia Service Medal * National Defense Service Medal * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars * Marksman Marksmanship Qualification Badge with Pistol Bar * Army Lapel Button * item 18 (Remarks): "NA [Not Applicable]//Nothing Follows" 5. A search of the U.S. Army Human Resources Command, Military Awards Branch, unit awards data base failed to show the 437th Military Police Company was cited for a unit award during the period of service under review. This review did reveal that Headquarters, Department of the Army (HQDA), General Orders Number 27, dated 27 December 1994, awarded the Meritorious Unit Commendation to Headquarters and Headquarters Company, 16th Military Police Brigade, for the period 28 August 1990 to 2 April 1991. However, the general order did not cite any subordinate assigned or attached units. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in ODS in the designated area on or after 2 August 1990 to 30 November 1995. (1) A bronze service star is authorized for wear with this service medal for participation in each credited campaign. (2) Table B-1 contains a list of Southwest Asia (SWA) Conflict campaigns. It shows that during the applicant's tour in SWA, participation credit was awarded for the Liberation and Defense of Kuwait (17 January 1991 – 11 April 1991) campaign. 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–K) 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 Overseas Service Ribbon (OSR) is awarded for successful completion of overseas tours. e. Chapter 3 (U.S. Army Individual Decorations), paragraph 3-16, shows the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. f. Chapter 7 (United States Unit Awards) discusses unit awards that are authorized as recognition of certain types of service, usually during war, as a means of promoting esprit de corps. It specifically discusses the following four unit awards: Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation (Army), and Army Superior Unit Award. 2. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's discharge, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2, Table 2-1 (DD Form 214 – Preparation Instructions), contains item-by-item instructions for completing the DD Form 214. It shows for – * item 13, list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22 * item 18 (Remarks), use this block for entries required by HQDA, for which a separate block is not available and for completing entries that are too long for this blocks b. A subsequent change to this Army regulation authorized the following entry for item 18: for an active duty Soldier deployed to a foreign country during their continuous period of active service enter: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD)." 3. Service medals and awards are not issued by the ABCMR. The applicant may obtain his medals by submitting a request to: National Personnel Records Center, Attention: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5100. Additional information concerning veteran records may be found on their website at: http://www.archives.gov/st-louis/military-personnel/. DISCUSSION: 1. The applicant contends, in effect, that his DD Form 214 should be corrected to show his foreign service in SWA; the KLM-K, KLM-SA, and OSR; and a unit award. 2. The evidence of record shows the applicant served in SWA from 26 February 1991 to 26 March 1991 and in Hawaii from 1 August 1991 to 2 February 1992. a. The evidence of record fails to support the applicant's contention that he deployed to SWA (i.e., that he was "in-country") on 23 February 1991. b. Item 12, block f of his DD Form 214 shows he was credited with 7 months and 4 days of total foreign service. c. Item 18 of his DD Form 214 does not show the period of his deployment to SWA. ? 3. The applicant's service in SWA qualified him for the – * SWASM with 1 Bronze Service Star * KLM–K * KLM–SA 4. The evidence of record shows the applicant served 6 months in Hawaii and he was not credited with normal tour completion. He did not successfully complete the overseas tour to qualify for the OSR. 5. There is no evidence of record that shows 437th Military Police Company was cited for a unit award during the period of service under review. BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160006374 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 issuing a DD Form 215 (Correction to DD Form 214) to correct his 4 February 1992 DD Form 214 to – * delete from item 13 the "Southwest Asia Service Medal" * add to item 13 the – * Southwest Asia Service Medal with 1 Bronze Service Star * Kuwait Liberation Medal – Kuwait * Kuwait Liberation Medal – Saudi Arabia * add to item 18, the entry: "SERVICE IN SOUTHWEST ASIA 19910226 – 19910326" 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 an "in-country" foreignservice date, the Overseas Service Ribbon, and unit award. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006374 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006374 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2