IN THE CASE OF: BOARD DATE: 4 October 2023 DOCKET NUMBER: AR20230003100 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Southwest Asia and to add the following awards: * Southwest Asia Service Medal with three bronze service stars * Overseas Service Ribbon (2nd Award) * Kuwait Liberation Medal - Kuwait * Kuwait Liberation Medal - Saudi Arabia * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 25 November 2022 * DA Form 2-1 (Personnel Qualification Record) * DA From 2A (Personnel Qualification Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) should be corrected to show duty in an imminent danger area from 12 September 1990 to 8 April 1991, and his award of the Southwest Asia Service Medal with three bronze service stars, Overseas Service Ribbon (2nd Award), Kuwait Liberation Medal-Government of Kuwait, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 3. The applicant's records contain sufficient evidence to support adding additional awards and/or information not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Kuwait * Kuwait Liberation Medal-Saudi Arabia * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. On 4 June 1987, the applicant enlisted in the Regular Army. 5. His DA Form 2-1 (Personnel Qualification Record) shows in: a. Item 5 (Oversea Service) – service in Panama from 16 November 1987 to 11 September 1989; and service in Saudi Arabia from 12 September 1990 to 8 April 1991 (Defense of Saudi Arabia and Defense of Kuwait). b. Item 9 (Awards, Decorations and Campaigns) – * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Army Good Conduct Medal * Assault Badge * National Defense Service Medal * Army Achievement Medal * Southwest Asia Service Medal with three bronze service stars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 6. On 3 June 1991, he was honorably released from active duty. His DD Form 214 shows he completed 4 years of net active service this period. It also shows in: a. Item 13, the Army Good Conduct Medal, Overseas Service Ribbon, Army Service Ribbon, Marksman Marksmanship Qualification with Rifle Badge (M-16), Army Lapel Button, National Defense Service Medal, and the Air Assault Badge. b. Item 18, no listing of any deployments. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined there was sufficient evidence to support the applicant’s overseas service not annotated on his DD Form 214. Evidence in the records shows his service in Panama from 16 November 1987 to 11 September 1989; and service in Saudi Arabia from 12 September 1990 to 8 April 1991. The Board agreed the applicant met the criteria for award of his overseas service ribbon (2nd Award). Therefore, relief was granted. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 adding to the applicant’s DD form 214 for the ending 3 June 1991 in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Overseas Service Ribbon (2nd Award). 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 show he was awarded or authorized the following awards or entries not listed on his DD Form 214 for the period ending 3 June 1991 a. item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Kuwait * Kuwait Liberation Medal-Saudi Arabia * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) b. item 18 (Remarks) – "SERVICE IN SAUDI ARABIA FROM 19900912 – 19910408" REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-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) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The specific instructions for: * Item 13, List all federally recognized awards and decorations for all periods of service * Item 18, for active-duty Soldiers deployed with their unit during their continuous period of active service, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive date)” 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. Soldiers must be credited with a normal overseas tour completion in accordance with AR 614–30. Servicemembers who have overseas service with another branch of the U.S. Armed Forces must be credited with a normal overseas tour completion by that Service to qualify for award of the Army OSR. c. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 1991 and 28 February 1991. d. 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. 4. Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible for return from overseas/date returned from overseas) provides the following guidance pertaining to tour length, in: a. Rule 5 - A minimum of 11 continuous months in a TCS/TDY (Temporary Change of Station/Temporary Duty) status in OCONUS (Outside Continental United States) areas where the unaccompanied tour length is between 18 and 24 months, and whose primary duties were to provide direct support of contingency operations is required for a completed tour and award new DROS (Date Returned from Overseas). b. Rule 8 - Nine months in a continuous TCS/TDY status in areas where the un- accompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established is required for a completed tour and award new DROS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003100 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1