ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20170006833 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Southwest Asia Service Medal and all authorized awards, ribbons or decorations. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending 13 February 1992 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 he applied for State of Illinois Veteran’s benefits when he discovered his DD Form 214 is incorrect for it does not include his authorized awards for serving in Southwest Asia during Operation Desert Storm. 3. The applicant enlisted in the Regular Army on 26 January 1989. 4. The applicant's DA Form 2-1 (Personnel Qualification Record) contains the following information in item 5 (Overseas Service) – Service in Korea ending on 31 January 1990, 12 months, and permanent change of station. Within this form there is no evidence showing he deployed and served in Southwest Asia. 5. On 13 February 1992 he was honorably released from the Regular Army and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Dorm 214 reflects the following information: * item 12f (Record of Service – Foreign Service) – "0000 11 28" * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal with oak leaf cluster [Army Achievement Medal (2nd Award)] * Army Service Ribbon * National Defense Service Medal * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Pistol Bar * item 18 (Remarks) – no deployment location or dates of deployment 6. The DMDC Operation Desert Shield/Desert Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 21 March 1991, a period of 5 months and 21 days. He participated in two campaigns. 7. There is no record showing the applicant's commander disqualified him from receiving the Army Good Conduct Medal nor is there an award order authorizing him award of the Army Good Conduct Medal. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board found that the applicant’s DD Form 214 was lacking key information regarding the applicant’s foreign and wartime service and awards. All board members agreed that there was sufficient evidence to support adding foreign and wartime service, and the following medals: All SWA awards, and KDSM. However, there was a split vote regarding the GCM in that two board members voted to grant relief while the third member voted to deny. The two granting members found several reasons to believe that the lack of a record of a GCM was an error: first, there was evidence that the applicant had served honorably in that the applicant had received an ARCOM; second, there was no evidence of any adverse action against the applicant that would have forestalled the commander from issuing the GCM; third, there were so many missing awards from the applicant’s DD Form 214, that another error/omission was likely (therefore administrative regularity could not be assumed.) The dissenting member felt that the board had to assume administrative regularity and if the company commander had wanted to award the GCM, then the record would have indicated that the GCM was awarded. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : :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 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 as follows: 1. item 12f (Foreign Service) add 5 months, 21 days (SWA), 2. correct item 13 (Decorations, Medals, etc.) by adding these awards: a. SWASM with one bronze service star b. SAKULM. c. KUKLM d. KDSM e. GCM 3. item 18 (Remarks) add “Served in Southwest Asia from 1 October 1990 to 21 March 1991” and “Served in Korea from 04 February 1989 to 31 January 1990.” 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): Not Applicable 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 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions stated: a. use the DA Form 2-1 (Personnel Qualification Record) and orders to verify the entries on the DD Form 214; b. enter the total amount of foreign service completed during the period covered in item 12f; c. to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 in item 13; and d. for an active duty Soldier deployed with his or her unit during their continuous period of active duty, enter the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. A specified period includes 3 years of continuous active service completed after 27 August 1941. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. There can be no record of courts- martial. b. 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 1991 to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) c. The Kuwait Liberation Medal 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 and 28 February 1991. d. The Kuwait Liberation Medal 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. e. The Korea Defense Service Medal is authorized for award to Servicemembers of the Armed Forces of the United States who have 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 airspaces above the land and water areas. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Servicemembers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 4. The Defense Manpower Data Center (DMDC) 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 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in- theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995. 5. Department of Defense (DOD) Number 7000.14-R (Financial Management Regulation) Volume 7a, Chapter 10 states hostile fire pay and imminent danger pay are authorized entitlements. A member may be paid special duty pay for duty subject to hostile fire or imminent danger for any month a member, while entitled to basic pay for active duty, meets the qualifying criteria. Members will receive the maximum monthly rate of special pay for the month in which the event occurred or deployed to a designated geographical area. Payment will be made for the full month. The appropriate command will certify that the member has met the requirements for entitlement to special pay for a given month. //NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170006833 4 1