ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 August 2020 DOCKET NUMBER: AR20190013395 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: .Kuwait Liberation Medal-Saudi Arabia .Kuwait Liberation Medal-Kuwait .Overseas Service Ribbon .One overseas service bar APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Records), dated 3 October2019 .DD Form 214 .Authorized Awards Printout, undated FACTS: 1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file. 2.Sufficient evidence is contained in the records to administratively correct theapplicant's DD Form 214 to show award of the Kuwait Liberation Medal-Saudi Arabiaand Kuwait Liberation Medal-Kuwait without Board action. His DD Form 214 will beadministratively corrected to show these awards. 3.The Board will consider his request for award of the Overseas Service Ribbon andone overseas service bar. 4.The applicant enlisted in the Regular Army on 24 March 1988. 5.He served in Southwest Asia during the period 31 August 1990 to 3 April 1991. 6.His DA Form 2-1 (Personnel Qualification Record) shows in: a.item 5 (Oversea Service) – 31 August 1990 to 3 April 1991, b.item 9 (Awards and Decorations) – .Army Service Ribbon .Army Good Conduct Medal .Southwest Asia Service Medal with two bronze service stars .Noncommissioned Officer Professional Development Ribbon .Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 7.On 5 December 1991, he was honorably released from active duty. HisDD Form 214 shows he completed 3 years, 8 months, and 12 days of net active serviceand in: a.Item 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized) – .Army Achievement Medal .Army Good Conduct Medal .National Defense Service Medal .Noncommissioned Officer Professional Development Ribbon .Army Service Ribbon .Southwest Asia Service Medal with two bronze service stars .Expert Marksmanship Qualification Badge with Rifle Bar (M-16) .Sharpshooter Marksmanship Qualification Badge with Grenade Bar b.item 18 (Remarks), in part, service in Southwest Asia from 31 August 1990 to13 April 1991 (a period less than 9 months). BOARD DISCUSSION: After reviewing the Record of Proceedings and all supporting documents, the Board determined that evidence supports granting partial relief. 1.The Board found sufficient evidence to approve the recommended corrections foundin thr Administrative Notes (below the Signature Block).2.However, regarding the applicant’s request for award of the Overseas ServiceRibbon (OSR), the Board found insufficient evidence to grant relief. Per regulation, theapplicant is not entitled to this award as his seven month deployment while on active duty did not meet the regulatory criteria for the awards. Active duty Soldiers must complete an overseas PCS tour (11 months) if on a hardship assignment. Reserve Soldiers are eligible for the award if they deploy, regardless of time period deployed. 3.Regarding the Overseas Service Bar, the applicant is not entitled to wear it on hisuniform sleeve because he does not meet the eligibility requirements for the OSR. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 partial relief. 1.As a result, the Board recommends granting the corrections annotated inAdministrative Notes (below the Signature Block). 2.The Board further recommends denial of the applicant’s request for the OSR andOverseas Service Bar. X 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): The applicant served a qualifying period of service for the following awards not listed on his DD Form 214: .Kuwait Liberation Medal-Saudi Arabia .Kuwait Liberation Medal-Kuwait REFERENCES: 1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice. This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so. 2.Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, andadministrative instructions concerning individual and unit military awards. a.The Southwest Asia Service Medal is awarded to all service members of theArmed 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. Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates. (1)Service members of the Armed Forces of the United States serving in Israel,Egypt, Turkey, Syria, and Jordan (including the airspace and territorial waters) between 17 January 1991 and 30 November 1995, will also be eligible for this award. Service members serving in these countries must have been under the command and control of the U.S. Central Command or directly supporting military operations in the combat theater. (2)One bronze service star will be worn on the suspension of the service ribbonfor participation in each designated campaign. b.The Kuwait Liberation Medal awarded by the Government of Saudi Arabia wasapproved 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. c.The Kuwait Liberation Medal awarded by the Government of Kuwait wasapproved 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. d.The Overseas Service Ribbon is awarded to Soldiers of the U.S. Army forsuccessful completion of overseas tours. Effective 1 August 1981, all Soldiers of the Regular Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with successful completion of an overseas tour before 1 August 1981 provided they had a Regular Army status as defined above on or after 1 August 1981. Soldiers must be credited with a successful completion of an overseas tour in accordance with Army Regulation 614–30 (Overseas Service). Qualifying overseas service with another branch of the U.S. Armed Forces will be recognized with the Overseas Service Ribbon. As an exception, Reserve Component Soldiers who were mobilized and dispatched overseas to locations outside the theater of operations during Operations Desert shield and Desert Storm (2 August 1990 to 11 April 1991) are eligible for award of the Overseas Service Ribbon without regard to the time served overseas as long as the overseas service is not recognized with another U.S. service medal. 3. Army Regulation 614-30 provides policy and guidance on the eligibility and selection criteria for overseas service in a permanent change of station status under routine conditions as well as contingency operations and deployments. It also provides guidance on the establishment of tour lengths for overseas areas, curtailments, foreign service tour extensions (voluntary and involuntary), consecutive overseas tours, in-place consecutive overseas, the Overseas Tour Extension Incentive Program, intra and inter-theater assignments, and time on-station criterion. a. Paragraph 7-5, in effect at the time, stated if Appendix B (Tables B-1 or B-2) does not list a tour length for a location or country, the tour will be considered 36 months accompanied or 24 months all others for assignment selection purposes. Table B-1 (Overseas Tour Lengths for Military Personnel (Other than the Defense Attaché System) shows the tour length for Saudi Arabia as 24 months for with dependents, all others as 12 months. b. Table 7-1 (Award of Tour Credit and Adjustment of DEROS (date eligible to return from overseas)/DROS (date returned from overseas)) stated in: (1) Rule 5, a Soldier is eligible for overseas tour credit if Soldier serves a minimum of 11 cumulative months in a temporary duty status during any 24-month period in areas were tour length is designated as 12 to 18 months, or in isolated areas were tour lengths have not been established by DOD. (2) Rule 7, a Soldier is eligible for overseas tour credit if Soldier serves a minimum of 9 months in a continuous temporary duty status in areas where "all others" tour length is up to 18 months, or in isolated areas where tour lengths have not been established. 4. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia as worn by members of the active Army and U.S. Army Reserve, as well as by former Soldiers. The version of the regulation, in effect at the time, stated: a. One overseas service bar is authorized for each 6 months' Federal service as a member of a U.S. Service in the Persian Gulf from 27 July 1987 to 1 August 1990 for Operation Earnest Will. Both the month of arrival in Operation Earnest Will and the month of departure from Operation Earnest Will will count as a whole month. · b. One overseas service bar is authorized for each 6 months' Federal service as a member of a U.S. Service in the Persian Gulf from 17 January 1991 to a date to be determined for Operation Desert Storm. Both the month of arrival in Operation Desert Storm and the month of departure from Operation Desert Storm will count as a whole month. //NOTHING FOLLOWS//