ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 September 2019

	DOCKET NUMBER:  AR20180000280


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding:

* Kuwait foreign service credit and any awards that may be appropriate (e.g. Southwest Asia Service Medal, Overseas Service Ribbon)
* Meritorious Service Medal (MSM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Records)
* self-authored letter
* MSM certificate
* DA Form 638 (Recommendation for Award), MSM
* DA Form 2166-7 (Non-Commissioned Officer Evaluation Report (NCOER))

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 their case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states he was presented his second MSM upon retirement, however, it was not annotated in his official records.  Secondly, after supporting "Desert Storm" from Germany with special weapons (59th Ordinance Battalion), he was assigned to 1st Medical Group, Fort Hood, TX where he was selected to support Operation Vigilant Warrior in Kuwait as the Chief Supply NCO.  He was attached to another unit which he believes was the 44th Medical Brigade, Fort Bragg, NC.  However, no records of this attachment and deployment was placed in his records.  Although this deployment happened in 1994, he cannot remember the exact dates.  He does remember departing Fort Hood on a C-141, which made an emergency landing in Sicily due to a failure to complete an aerial refueling and going to bunkers due to scud launches, dust storms, and joint service cooperation.  He included the only evidence he has which is his DA Form 2166-7, issued to him December 1994, which states on page two, part IV (Competence), first entry: "Commended by the commanding general for distinguished job as Chief Supply NCO for Operation Vigilant Warrior".  He provided a detailed self-authored letter of his military service and events leading up to his retirement (detailed letter enclosed in packet).

3.  The applicant provides:

	a.  MSM certificate and DA Form 638, dated 31 May 1995, shows he was recommended for an MSM for a period from 1 July 1985 to 30 June 1995.  The award recommendation details his meritorious service for his units of assignment and contributions to the U.S. Army.  He was awarded the MSM (1st Oak Leaf Cluster) with Permanent Order Number A-208-5.

	b.  DA Form 2166-7 NCOER for the period covering September thru December 1994.

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

	a.  He enlisted in the Regular Army on 3 August 1976.

	b.  His DA Form 2-1 (Personnel Qualification Record), shows he served in Germany from 8 December 1980 to 19 December 1983 and 19 February 1989 to 20 April 1992.

	c.  He received a 4 month change of rater NCOER that is in his army military human resource record (AMHRR), for the period covering September thru December 1994, as a chief supply sergeant.  Signed by the rater, senior rater, reviewer and applicant.  Part IVb (Competence), the applicant received a "Needs Improvement (Some)" and the following bullet comment:  commended by the commanding general for distinguished job as Chief Supply NCO for Operation Vigilant Warrior.

	d.  On 30 June 1995, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably retired from active duty for voluntary early retirement.  He completed 18 years, 10 months, and 28 days of active service.  His DD Form 214 also shows he was awarded or authorized:

* Meritorious Service Medal 
* Army Commendation Medal (4th Award)
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* NCO Professional development Ribbon with Numeral 4
* Army Service Ribbon
* Oversea Service Ribbon (3rd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Driver and Mechanic Badge with Driver Bar
* Gold German Armed Forces Badge
* his DD Form 214 also shows in item 12f (Foreign Active Service) 0008 02 14

5.  By regulation, AR 635-5 (Personnel Separations - Separation Documents), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  The instructions for completing the DD Form 214 states for item 12f (Foreign Active Service), enter the total amount of foreign service completed during the period covered.

6.  By regulation, AR 600-8-22 (Military Awards),

	a.  The MSM is awarded to members of the Armed Forces of the U.S. or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.

	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.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  The Board was aware that Operation Vigilant Warrior occurred when Iraq’ Divisions attempted to penetrate the Kuwait Board in 1994, and that elements from Fort Bragg deployed to Kuwait to repel their attempt.  Based on the NCOER comment found in the applicant’s record, the Board concluded he served in Kuwait during this time, but his exact dates cannot be determined.  Although his exact dates are undetermined, he qualifies for the Southwest Asia Service Medal (but not the Overseas Service Ribbon).



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 for the period ending 30 June 1995 by adding the Southwest Asia Service Medal and a second award of Meritorious Service Medal.  

	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in their case.


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.  There 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) 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  Section II – Instructions for Preparing DD Form 214.  The instructions for completing the DD Form 214 states for item 12f (Foreign Active Service), enter the total amount of foreign service completed during the period covered.

3.  Army Regulation 600-8-22 (Military Awards) in effect at the time, prescribes the policies and procedures for military awards and decorations.

	a.  The Meritorious Service Medal is awarded to members of the Armed Forces of the U.S. or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	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 to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

ABCMR Record of Proceedings (cont)	AR20180000280


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