ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    9 April 2019

	DOCKET NUMBER:  AR20170004358


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* Service in Southwest Asia from 15 March 1996 to 1 August 1996
* Southwest Asia Service Medal with two bronze service stars

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Permanent Orders (PO) 036-01
* Two Certificates of Achievement
* Army Achievement Medal Certificate
* Leave and Earnings Statement (LES)
* DA Form 638 (Recommendation for Award)
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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.  The applicant states:

	a.  His Southwest Asia Service Medal with one bronze service star should be corrected to two bronze service stars.  His records do not reflect his service in Southwest Asia from 15 March 1996 to 1 August 1996 in Saudi Arabia with Task Force 6-52 Air Defense Artillery (ADA) during Operation Desert Vigilance.  

	b.  He has applied for service-connection for post-traumatic stress disorder resulting from events that occurred during a rotation to Southwest Asia and the bombing that occurred on 25 June 1996.  His DD Form 214 does not reflect him being at that location.

3.  The applicant provides:

	a.  PO 036-01, dated 5 February 1996, which show that his unit was directed for deployment to Southwest Asia on or about 19 February 1996.

	b.  A Certificate of Achievement, dated 16 April 1996, which shows the applicant received this award for meritorious achievement during Constant Vigil in a forward deployed theater of combat operations.

	c.  A Army Achievement Medal Certificate, dated 15 July 1996, which shows the applicant received this award for meritorious achievement while deployed to Southwest Asia from 20 February 1996 to 30 July 1996.

	d.  A Certificate of Achievement from Task Force 6-52 ADA for his contributions to Operation Desert Vigilance while deployed with Task Force 6-52 ADA between 15 March 1996 and 1 August 1996.

	e.  An LES for the period 1 to 31 August 1996, which shows his combat duty pay stopped on 31 July 1996.

	f.  A DA Form 638, dated 24 February 1997, which shows the applicant received an Army Commendation Medal upon his permanent change of station.  It states, in part, that he served during two rotations to Southwest Asia.

4.  A review of the applicant’s service records shows:

	a.  He enlisted in the Regular Army on 16 September 1992.

	b.  He served in Germany from 26 April 1993 to 23 April 1997.

	c.  He served in Southwest Asia from 10 August 1993 to 8 December 1993.

	d.  He received an Army Achievement Medal for the period 20 February 1996 through 30 July 1996 for his deployment to Southwest Asia with Task Force 6-52 ADA (see DA Form 638, dated 11 July 1996).

	e.  He was discharged on 13 January 1999.  His DD Form 214 shows he completed 6 years, 3 months, and 28 days of active service.  It also shows he was awarded or authorized the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Southwest Asia Service Medal with one bronze service star, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

	f.  Item 18 (Remarks) of his DD Form 214 documents his service in Southwest Asia from 10 August 1993 to 8 December 1993.  It does not show any subsequent service in Southwest Asia in 1996.

5.  By regulation:

	a.  For active duty Soldiers who deployed with their unit during their continuous period of active service, the statement “SERVED IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)” would be included in item 18 when the DD Form 214 was prepared.

	b.  A bronze service star is authorized for wear with the Southwest Asia Service 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) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence presented by the applicant and found within his military personnel file, the Board found that the applicant’s service in Southwest Asia for the time period 20 February 1996 through 31 July 1996, was not annotated on his DD Form 214.  Therefore, for the portion of the application relating to adding the foreign service credit to his DD214, the Board found it had merit and recommended relief.

However, the Board concluded that the portion of the request relating to having an additional bronze service star added to his Southwest Asia Service Medal did not have merit because the service dates of the applicant for the second deployment fell outside the qualifying periods for a bronze service star to be added.  Therefore, the Board recommended denying that portion of the request.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

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:

* deleting from item 18 the entry “Service in Southwest Asia 19930810-19931208”
* adding to item 18 the entry “Service in Southwest Asia 19930810-19931208 and 19960220-19960731”

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.  

3.  Additionally, prior to closing the case, the Board noted the administrative note below from the analyst of record and recommended that change also be made to more accurately depict the military service of the applicant.

	 
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):

A review of the applicant’s records shows he is authorized an award not listed on his DD Form 214.  As a result, amend his DD Form 214 by adding the Kuwait Liberation Medal awarded by the Government of Kuwait for qualifying service between 2 August 1990 and 31 August 1993.


REFERENCES:

1.  Title 10, USC, 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 (AR) 600-8-22 (Military Awards) states:

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, 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) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  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.

3.  AR 635-8 (Separation Processing and Documents), currently in effect, states for item 18 (Remarks) for active duty Soldiers deployed with their unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD).”

ABCMR Record of Proceedings (cont)	 AR20170004358


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