IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170002518 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: 20 November 2018 DOCKET NUMBER: AR20170002518 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 amending his DD Form 214 as follows: a. Delete the Southwest Asia Service Medal. b. Add to item 12f, "03 11 19." c. Add to item 13 – * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal – Kuwait * Kuwait Liberation Medal – Saudi Arabia * Korea Defense Service Medal * Overseas Service Ribbon (2nd Award) d. Add to item 18, "SERVICE IN SOUTHWEST ASIA FROM 19901204 – 19910627." 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 any relief in excess of that described above. _____________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: 20 November 2018 DOCKET NUMBER: AR20170002518 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 from 5 December 1990 to 5 June 1991 and award of the: * Southwest Asia Service Medal * Overseas Service Ribbon * Kuwait Liberation Medal –Saudi Arabia * Presidential Unit Citation 2. The applicant states his DD Form 214 is erroneous. 3. The applicant provides: * a memorandum * a certificate * Permanent Orders 64-2 * Permanent Orders 149-41 * seven Leave and Earnings Statements 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 12 July 1988. 3. An Army Commendation Medal Certificate shows he received the award for meritorious service while assigned to the 236th Medical Company in Germany from 6 January 1989 to 24 December 1991. 4. The available records include: a. A memorandum dated 4 September 1991, entitled Verification of Tour in Southwest Asia for Operation Desert Shield/Storm. The document is certified by the applicant's commander and shows he performed service in Southwest Asia for the period 4 December 1990 through 27 June 1991 with the 236th Medical Company (Air Ambulance). b. 2d Corps Support Command orders awarding him the Air Medal for meritorious achievement during the period 16 January 1991 to 28 February 1991 while assigned to duty in Southwest Asia. c. 22nd Support Command orders awarding him the Air Medal for meritorious service during the period 5 December 1990 to 5 June 1991 while assigned to duty in Southwest Asia. d. Leave and Earnings Statements showing he received “danger pay” in the months of December 1990 through July 1991. These documents also indicate he was on a “with dependents” tour of duty in Germany. e. DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period February 1994 to January 1995 which shows he was assigned to Company C, 1st Battalion, 501st Aviation, Eighth U.S. Army (Korea). 5. The applicant was honorably discharged on 8 March 1996 after completing 7 years, 7 months and 27 days net active service. His DD Form 214 shows he was awarded or authorized: * Air Medal (2nd Award) * Army Commendation Medal * Army Achievement Medal (4th Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Army Lapel Button * Noncommissioned Officer’s Professional Development Ribbon * Army Service Ribbon * Aircraft Crewman Badge * Air Assault Badge 6. Item 12f (Foreign Service) of his DD Form 214 does not list any foreign service. Item 18 (Remarks) of his DD Form 214 does not show he served in Southwest Asia. 7. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the period 1 October 1990 to 15 May 1991. 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 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 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 - Saudi Arabia 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 1991 and 28 February 1991. Additionally, this regulation also states 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. c. The Presidential Unit Citation is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. d. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). During the period the applicant served, unaccompanied tours of duty in Korea were 1 year and accompanied tours in Germany were 3 years. e. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined. 2. Review of unit awards records maintained by the U.S. Army Human Resource Command and the U.S. Army Center of Military History did not show the 236th Medical Company was awarded the Presidential Unit Citation. 3. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that for: a. item 12f, enter overseas service completed during the period covered by the DD Form 214. b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records. Do not use abbreviations. c. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).” DISCUSSION: 1. There is conflicting evidence regarding the applicant's actual location and dates of service during Operation Desert Storm/Shield. The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the period 1 October 1990 to 15 May 1991. His Leave and Earnings Statements, awards orders, and a memorandum signed by his commander corroborate his statement that he served in Southwest Asia from 4 December 1990 to 27 June 1991. Deployed service was not recorded on his DD Form 214. The Board must determine if a preponderance of the evidence indicates the period 4 December 1990 to 27 June 1991 documented in the commander’s memorandum is the more accurate account of his service in Southwest Asia. 2. The applicant was deployed to the area of eligibility for award of the Southwest Asia Service Medal. Evidence also shows he participated in three campaigns while serving in Southwest Asia. 3. The applicant served during a qualifying period for award of the Kuwait Liberation Medal – Kuwait and the Kuwait Liberation Medal – Saudi Arabia. 4. The applicant completed a 3-year tour in Germany, meeting the criteria for award of the Overseas Service Medal. 5. The exact dates of the applicant's service in Republic of Korea are unknown, but his Noncommissioned Officer Evaluation Report confirms he served in Korea for 1 year, a period meeting the eligibility criteria for the Korea Defense Service Medal and the Overseas Service Ribbon (2nd Award). The decorations and his total foreign service (3 years, 11 months, and 19 days) are not documented on his DD Form 214. 6. The evidence of record shows he served with the 236th Medical Company (Air Ambulance) in Southwest Asia. There is no evidence showing this unit was awarded the Presidential Unit Citation for a period coinciding with his period of service in Southwest Asia. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002518 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002518 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2