IN THE CASE OF: BOARD DATE: 7 January 2019 DOCKET NUMBER: AR20170003202 APPLICANT'S REQUEST: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service in Panama, June 1990 * his foreign service in Saudi Arabia, 5 September - 1 December 1990 and 22 February - 16 March 1991 * Meritorious Service Ribbon [Medal] (MSM) * Army Achievement Ribbon [Medal] (AAM) * Southwest Asia Service Ribbon [Medal] with 2 Bronze Service Stars * Kuwait Liberation Medal (Kingdom of Saudi Arabia) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 638 (Recommendation for Award) * DA Form 2-1 (Personnel Qualification Record) page 1 * Certificate of Participation * DA Form 4980-1B (AAM Certificate), dated 24 August 1993 * DD Form 214, for the period ending 26 October 1994 member 1 and member 4 copies FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Part of the applicant’s awards requests are supported by his service record; therefore, they will be administratively corrected and not considered by the Board. The Board will consider: * his foreign service in Panama, June 1990 * his foreign service in Saudi Arabia, 5 September - 1 December 1990 and 22 February - 16 March 1991 * Meritorious Service Ribbon [Medal] (MSM) * Army Achievement Ribbon [Medal] (AAM) 3. The applicant states he was in a special operations unit and was told things wouldn't be documented. He states per phone call that he is not looking for a Purple Heart or Bronze Star Medal, what he wants is to get a complete, accurate record to reflect what he did in the Army and support the stories he shares with his children about his time in service. There just was not a lot of documentation when he served in the 160th Special Operations Aviation Regiment (Airborne). 4. The applicant enlisted in the Army on 27 October 1989 and was honorably released from active duty on 26 October 1994. His DD Form 214 shows in: a. Item 12f (Foreign Service), none b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Army Commendation Medal * Joint Meritorious Unit Award * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button c. Item 18 (Remarks), no recorded entries that indicate he participated in any named operation or campaigns. 5. 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. The database shows the applicant was deployed to Southwest Asia from 1 October 1990 through 15 May 1991, a period of 7 months and 15 days. 6. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: * Item 4 (Assignment Considerations): Blank * Item 5 (Oversea Service) lists: Saudi Arabia (5 September 1990- 1 December 1990) and Saudi Arabia (22 February 1991- 16 March 1991) * Item 6 (Classification and Assignment Data): Blank * Item 7 (Awards, Decorations and Campaign): lists several awards listed on his DD Form 214 to include the Army Commendation Medal, but it does not reflect the AAM or MSM 7. The applicant’s record is void of and the applicant did not provide evidence that he was stationed in or deployed to Panama. Because he was in the 160th Special Operations Aviation Regiment (Airborne), he was told they do not document things. Per phone call, the applicant explained how he was sent to Panama in June 1990 to assist with a helicopter crash and recovery in support of Special Operation Forces. 8. The applicant provides an AAM certificate for meritorious achievement as an aircraft pneudraulics repairman from 7 April 1993 to 26 April 1993. His service records are void of and he did not provide the order numbers awarding him this medal. 9. The applicant provides the front page of a DA Form 638 recommending him for an MSM for his expiration term of service. The form states his significant accomplishments during his 4 year tenure. It is not dated and it does not contain the second page, which would show the permanent orders number for awarding the MSM. Per phone call, the applicant explained he was given the MSM medal when he separated, but he did not receive a copy of the citation or orders. It was an end of tour award from 17 April 1990 to 19 August 1994. The applicant’s DD Form 214 states he separated with completion of required active service on 26 October 1994 with an Honorable characterization. He completed five years net active service of which most of his time was assigned to the 160th Special Operations Aviation Regiment (Airborne). BOARD DISCUSSION: After reviewing the application and all supporting evidence the Board determined that partial relief was warranted. Based upon the applicant’s DA Form 2-1 reflecting that he served in Saudi Arabia and the requested awards relating to that service appear in Block 9 of his DA2-1, the Board granted that portion of the request relating to awarding the Southwest Asia Service Medal with 2 Bronze Service Stars, awarding the Kuwait Liberation Medal (Kingdom of Saudi Arabia) and annotating that Foreign Service on this DD214. Additionally, the Board found that the request for adding an additional Army Achievement Medal to the service member’s DD214 was also supported by the evidence. Based upon the provided award certificate having a permanent order number, the Board found this credible evidence to support granting that portion of the applicant’s request. However, the Board found no evidence of any Foreign Service performed by the applicant in Panama within his service record. Therefore, that portion of the request relating to reflecting Foreign Service in Panama on his DD214 was denied. Additionally, because the applicant only provided the front page of the DA Form 638 showing he was submitted for an MSM and no signature approving the award was submitted with the application, the portion of the request relating to adding a Meritorious Service Medal to the applicant’s DD214 is also denied. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant :x x x Partial Grant : : : Formal Hearing Grant : : : Deny BOARD DETERMINATION/RECOMMENDATION: 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 Army records of the individual concerned be corrected by amending his DD Form 214 by listing/adding the following entries as indicated: * Item 12f (Foreign Service): 00 04 00 * Item 13: o Southwest Asia Service Medal with 2 Bronze Starts o Kuwait Liberation Medal (Kingdom of Saudi Arabia) o Army Achievement Medal ___________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. ADMINISTRATIVE NOTE(S): SWASM, KLM ? REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The MSM is awarded to any service member of the Armed Forces of the United States or to any member of the armed forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service. Award of the MSM is completed with permanent orders on the DA Form 638 and the issuing of the award certificate. b. The AAM is awarded to any member of the Armed Forces of the United States, or to any member of the armed forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the ARCOM. c. The SWASM 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) d. The KLM-SA 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. e. The Kuwait Liberation Medal- Government of Kuwait (KLM-KU) 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. 3. 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 12f (Record of Service – Foreign Service) was used to document the total amount of foreign service completed during the period covered by the DD Form 214. b. 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. c. 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. ABCMR Record of Proceedings (cont) AR20170003202 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS