RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060010994 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Hubert Fry

Chairperson

Mr. William Crain

Member

Mr. Dale DeBruler

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show military occupational specialty (MOS) 31K1O (combat signaler).  He also requests, in effect, that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 215 (Correction to DD Form 214) be corrected to show the Army Commendation Medal with “V” Device which really should have been the Medal of Honor.

2.  The applicant states that he trained for and performed in MOS 31K1O and that he never went to school or performed the duties of MOS 43M1O (fabric repair specialist).  He also contends that his DD Form 215 should show the Army Commendation Medal for valor not the Army Commendation Medal because this is the medal he was issued for saving the lives of Soldiers during a missile attack.   

3.  The applicant provides no additional evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
13 July 1991.  The application submitted in this case is dated 26 July 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested, in effect, correction of his records to show award of the Army Commendation Medal with “V” Device and the Medal of Honor.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Army Commendation Medal with “V” Device and the Medal of Honor under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the U.S. Army Reserve (USAR) on 14 September 1989 for a period of 8 years.  His enlistment contract shows he enlisted for MOS 31K1O.  He successfully completed advanced individual training in MOS 31K1O and was awarded this MOS effective 6 April 1990.  

5.  The applicant enlisted in the Army National Guard on 13 June 1990 for a period of 8 years.  He was ordered to active duty on 11 October 1990 in support of Operation Desert Shield/Desert Storm.  He served in Southwest Asia from 
31 October 1990 to 23 April 1991.  On 13 July 1991, he was released from active duty.    

6.  Item 11 on the applicant’s DD Form 214 shows the entry, “43M1O, Fabric Repair Specialist, 9 months//NOTHING FOLLOWS.”  This DD Form 214 shows the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, and the Southwest Asia Service Medal with two bronze service stars as authorized awards.   

7.  The applicant was honorably discharged from the Army National Guard on 
3 May 1992.

8.  Item 17 (Civilian Education and Military Schools) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he completed an 11-week course in MOS 31K in 1990.  Item 6 (Military Occupational Specialties) on his DA Form 2-1 shows he was awarded primary MOS 31K1O effective 6 April 1990.

9.  There are no orders in the applicant’s service personnel records which show he was awarded MOS 43M1O.

10.  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.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant enlisted in the USAR for MOS 31K1O and he was awarded MOS 31K1O effective 6 April 1990.  Therefore, item 11 on his DD Form 214 should be corrected to show this MOS.  
2.  Based on the applicant's service in Southwest Asia, he is entitled to award of the KLM-K and the KLM-SA.

3.  Records show the applicant should have discovered the alleged errors now under consideration on 13 July 1991; therefore, the time for the applicant to file a request for correction of any error expired on 12 July 1994.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

HF_____  ___WC__  _DD____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 11 on his DD Form 214; 

	b.  adding the entry, “31K1O, Combat Signaler, 9 months//NOTHING FOLLOWS”; and

	c.  amending his DD Form 214 to add the KLM-K and the KLM-SA.
  



__Hubert Fry__________
          CHAIRPERSON




INDEX

CASE ID
AR20060010994
SUFFIX

RECON

DATE BOARDED
20070213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0500
2.

3.

4.

5.

6.