RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070012564 


	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.




	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, in effect, that the Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Kuwait), and the Presidential Unit Citation be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. 

2.  The applicant states, in effect, that he served in Operation Desert Shield / Desert Storm and these awards were not added to his DD Form 214 because he was discharged before these awards were authorized.

3.  In support of his request, the applicant provided:  a copy of his DD Form 214, with an effective date of discharge of 15 January 1992, a copy of his DD Form 214, Report of Separation from Active Duty, with an effective date of discharge of 23 January 1978, and a page downloaded and printed from the internet pertinent to the Southwest Asia Service Medal.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army, on 17 June 1975.  He was discharged on 3 January 1978 for the purpose of reenlistment.  On 24 January 1978, the applicant reenlisted and continued to serve on active duty until he was honorably discharged on 15 January 1992.   

3.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel Qualification Record – Part II, shows he served in Korea for the period 10 March 1986 through 6 March 1987 and in Saudi Arabia from 8 January 1991 through 15 May 1991.

4.  The DD Form 214 the applicant was issued on his discharge on 23 January 1978 shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Aircraft Crewman Badge.  No other awards are shown.

5.  The DD Form 214 the applicant was issued on his discharge on 15 January 1992 shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) (All periods of service) he was awarded:  the Army Service Ribbon; the National Defense Service Medal; the Air Assault Badge; the Aircraft Crewman Badge; the Overseas Service Ribbon (with Numeral 3); the NCO Professional Development Ribbon (with Numeral 2); the Army Good Conduct Medal (4th Award); the Senior Aircraft Crewman Badge; the Army Achievement Medal; the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle); and the Southwest Asia Service Medal, with two bronze service stars.  The Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Kuwait), and the Presidential Unit Citation are not shown among the applicant's authorized awards.

6.  The applicant's unit, the 1st Aviation Battalion, 1st Aviation Regiment, 1st Infantry Division (Mechanized), was awarded the Valorous Unit Award, for the period 24 through 28 February 1991, by Department of the Army General Orders 14, dated 25 June 1993.  This award is not shown on his DD Form 214.

7.  The Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Kuwait), and the Presidential Unit Citation are not shown in Item 9 (Awards, Decorations, & Campaigns), of the applicant's DA Form 2-1.

8.  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 1991 and 28 February 1991.

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have 

participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Table 2-2, in this regulation shows that Korea was designated as an area of U.S. military operations for the period 1 October 1966 through 30 June 1974.

11.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members 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 and period of eligibility are as follows:  (a) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and (b) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  (a) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (b) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (c)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the Korea Defense Service Medal was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Award of the Korea Defense Service Medal for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

13.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members 

who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was issued two DD Forms 214 while he served on active duty.  In the interest of expediency and to promote clarity in showing the awards and decorations the applicant earned throughout his honorable service, all corrections will be made to his last issued DD Form 214 (with an effective date of his discharge of 15 January 1992).

2.  The evidence shows the applicant deployed to Southwest Asia in support of Operation Desert Shield / Desert Storm for the period 8 January 1991 through 14 May 1991.  He was awarded the Southwest Asia Service Medal, with two bronze service stars; however, the evidence shows he participated in three of the designated campaigns of this operation.  The applicant is therefore entitled to correction of his record to show he was awarded the Southwest Asia Service Medal, with three bronze service stars.

3.  For his service in support of Operation Desert Shield / Desert Storm, the applicant is entitled to award of the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal, awarded by the Government of Kuwait, and to have these awards added to his DD Form 214.

4.  The evidence shows the applicant's unit, the 1st Aviation Battalion, 1st Aviation Regiment, 1st Infantry Division (Mechanized), was awarded the Valorous Unit Award, while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214.

5.  There is no evidence, and the applicant provided none, to support his allegation the unit he served with during Operation Desert Shield / Desert Storm was awarded the Presidential Unit Citation.  He is therefore not entitled to have the Presidential Unit Citation added to his DD Form 214.

6.  The evidence shows the applicant served during the qualifying period for award of the Korea Defense Service Medal.  He is therefore entitled to award of the Korea Defense Service Medal and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_  __x__  ___x_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  deleting the Southwest Asia Service Medal, with two bronze service stars, from the applicant's DD Form 214 and adding the Southwest Asia Service Medal, with three bronze service stars, to denote his correct campaign participation credit;

	b.  awarding the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal, awarded by the Government of Kuwait and adding these award to his DD Form 214;

	c.  awarding the applicant the Valorous Unit Award and adding this unit award to his DD Form 214; and

	d.  awarding the applicant the Korea Defense Service Medal and adding this award to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Presidential Unit Citation to the applicant and its addition to his DD Form 214.




______x____
          CHAIRPERSON



INDEX

CASE ID
AR20070012564
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENIAL WITH NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0089
3.
107.0141
4.
107.0031
5.

6.