IN THE CASE OF:	 

	BOARD DATE:	 3 July 2008

	DOCKET NUMBER:  AR20070015421 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, additional medals in the Defense of Saudi Arabia and the Liberation and Defense of Kuwait, three bronze service stars, award of the Combat Infantryman Badge, and a combat patch. 

2.  The applicant states, in effect, that he was discharged before all of his awards were issued.

3.  The applicant provides a copy of his approved disability separation message dated 22 February 1992 and a copy of his Combat Infantryman Badge award orders dated 12 March 1991 in support of this application.

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's records show he enlisted in the Regular Army on 15 August 1989.  After completion of basic and advanced individual training, he was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).  

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that on 9 March 1992, he was honorably discharged by reason of physical disability with severance pay.  The applicant's DD Form 214 also shows he completed a total of 2 years, 6 months, and 25 days of creditable military service.  The highest rank he attained while serving on active duty was specialist/pay grade E-4.  

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry 2 years and 21 days of foreign service during his tenure on active duty.

5.  Item 13 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All period of service)) of the applicant's DD Form 214 shows award of the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Grenade Bar, Southwest Asia Service Medal with two bronze service stars, and [continued in Item 18 (Remarks)] the Kuwait Liberation Medal.  The applicant’s DD Form 214 does not show he was awarded the Combat Infantryman Badge.

6.  Item 9 of the applicant's DA Form 2-1 (Personnel Qualification Record – 
Part II) shows award of the Combat Infantryman Badge.  

7.  Item 27 (Remarks) of the applicant's DA Form 2-1 shows duty in Imminent Danger Pay area while serving in Saudi Arabia during the period 18 December 1990 through 5 May 1991.  

8.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows he was assigned to Headquarters and Headquarters Command 314 1st Infantry Battalion, Saudi Arabia during the period 18 December 1990 through 5 May 1991.

9.  Headquarters, 3rd Armored Division Permanent Order 12-69, dated 12 March 1991, awarded the applicant the Combat Infantryman Badge for engagement in active ground combat during the period 24 February 1991 through 28 February 1991. 


10.  The applicant provided an approval of disability separation message which shows that he was to be discharged from active duty immediately under the provisions of paragraph 4-24b(3) of Army Regulation 635-40 (Personnel Separations) for disability, with severance pay.  

13.  The applicant's records show that he was awarded the Southwest Asia Service Medal with two bronze service stars which are reflected on his DD Form 214.  The applicant's records indicate that he participated in the Defense of Saudi Arabia, the Liberation and Defense of Kuwait, and the Southwest Asia Cease-Fire campaigns.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for the Southwest Asia Conflict.  During the applicant's tour in the Southwest Asia Conflict he participated in three campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Southwest Asia Service Medal for participation in each campaign.  

15.  Evidence of records shows the applicant is entitled to additional awards which are not shown on his DD Form 214.

16.  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.

17.  The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) 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.

18.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) paragraph 28-17 states that authorization to wear a shoulder sleeve insignia indicating former wartime service applies only to Soldiers who are assigned to U.S. Army units that meet all the following criteria.  Soldiers who were prior members of other Services that participated in operations that would otherwise meet the criteria below are not authorized to wear the Shoulder Sleeve Insignia-Former Wartime Service.  Wear is reserved for individuals who were members of U.S. Army units during the operations.  Shoulder sleeve insignia including the Combat Patch are not authorized awards under the provisions of Army Regulation 600-8-22 (Military Awards).  As a result, they are not authorized 


for placement on the DD Form 214.  Although, it is not appropriate to place the Combat Patch on the applicant's separation document, this does not preclude him from wear of the Combat Patch if he is authorized and this matter will not be discussed further in this proceeding.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to correction of his records to show additional awards in the Defense of Saudi Arabia and the Liberation and Defense of Kuwait, three bronze service stars, award of the Combat Infantryman Badge, and a combat patch were carefully considered and found to have partial merit.

2.  Evidence shows that the applicant has been awarded the Kuwait Liberation Medal.  However, the applicant is entitled to two separate Kuwait Liberation Medals; one awarded by the Kingdom of Saudi Arabia (KLM-SA) and one awarded by the Government of Kuwait (KLM-KU).  Therefore, he is entitled to correction of his DD Form 214 to show these foreign awards.

3.  The applicant's records show that he participated in three campaigns during the Southwest Asia Conflict and is authorized a bronze service star for wear on the Southwest Asia Service Medal for participation in each campaign.  Therefore, the applicant is entitled to an additional bronze service star to be affixed to his already-awarded Southwest Asia Service Medal with two bronze service stars. 

4.  Orders show the applicant was awarded the Combat Infantryman Badge for engagement in active ground combat during the period 24 February 1991 through 28 February 1991.  Therefore, his records should be amended to show this award. 

5.  The applicant's Combat Patch is an item of clothing wear and not an award or decoration; therefore, it is not authorized for entry on the 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.  adding the already-awarded Combat Infantryman Badge to his DD Form 214;

	b.  deleting the Southwest Asia Service Medal with two bronze service stars from his DD Form 214;

	c.  adding the Southwest Asia Service Medal with three bronze service stars to his DD Form 214;

	d.  deleting the Kuwait Liberation Medal from his DD Form 214;

	e.  adding the Kuwait Liberation Medal (SA) to his DD Form 214;

	f.  adding the Kuwait Liberation Medal (KU) to his DD Form 214; and

	g.  providing him a correction to his separation document that includes these changes.

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 the Combat Patch.



      __________X__________
      	CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20070015421



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ABCMR Record of Proceedings (cont)                                         AR20070015421



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