RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2007
      DOCKET NUMBER:  AR20070005031


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. David  W. Tucker              |     |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, in three separate applications, award of the
Combat Action Badge, the Korea Defense Service Medal and the "Kuwait
Liberation Medal".

2.  The applicant states, in effect, that he should be awarded the Combat
Action Badge based on his award of the Bronze Star Medal.  He states, in
effect, that by order of the Secretary of the Army, the Combat Action Badge
is a new award that should be recorded in his record; that he meets the
requirements for award of the Korea Defense Service Medal; and that the
"Kuwait Liberation Medal" should be included on his Certificate of Release
or Discharge (DD Form 214).

3.  The applicant provides in support of his application, copies of his DD
Form 214; a copy of what appears to be a coversheet entitled Airborne Day
1988; a copy of his Enlisted Evaluation Report (DA Form 2166-6) for the
period covering June 1987 through May 1988; a copy of a certificate of
Entry Into North Korea; copies of what appears to be envelopes addressed to
him postdated 16 March 1988 and 29 March 1988; and a copies of pages from a
calendar dated March 1988 through April 88.

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.  On 1 November 1973, he enlisted in the Regular Army in Montgomery,
Alabama, for 3 years, in the pay grade of E-1.  He successfully completed
his training as a Vulcan Crewmember.  He remained on active duty through a
series of reenlistments.



3.  The applicant's records show that while he was on active duty in the
Army, he served in Germany from 15 June 1978 through 10 December 1981 and
that he was transferred to Hawaii on 4 December 1984.  The DA Form 2166-6
covering the period June 1987 through May 1988, which the applicant has
submitted in support of his application shows that while he was assigned to
Schofield Barracks, Hawaii he participated in exercise Yama Sakura XIII
(Japan) and Team Spirit 1988 (Korea).  The Certificate of Entry into North
Korea that the applicant submits in support of his application shows that
he crossed the military demarcation line into communist North Korea as an
Official Guest of the United Nations Command Security Force-Joint Security
Area, Panmunjom, Korea on 18 March 1988.  However, neither the DA Form 2166-
6 nor the Certificate of Entry into North Korea specifies the number of
days that he spent in Korea during Team Spirit 1988.

4.  The applicant's records do show that he departed Hawaii on 9 January
1989 and that he served in Saudi Arabia from 20 September 1991 through
17 April 1992.

5.  The applicant retired from the Army on 31 October 1993.  He had
completed 20 years of net active service.  The DD Form 214 that he was
furnished at the time of his retirement shows that he was awarded the Army
Good Conduct Medal (Sixth Award), the Army Service Ribbon, the
Noncommissioned Officer Professional Development Ribbon (Third Award), the
National Defense Service Medal w/one Bronze Service Star, one Overseas
Service Medal, the Army Commendation Medal (First Oak Leaf Cluster), the
Meritorious Service Medal (Second Oak Leaf Cluster), the Air Assault Badge,
the Bronze Star Medal, the "Saudi Kuwait Liberation Medal", and the
Southwest Asia Service Medal w/three Bronze Service Stars.

6.  On 2 May 2005, the Chief of Staff of the Army approved the creation of
the Combat Action Badge to provide special recognition to Soldiers who
personally engaged, or are engaged by, the enemy.

7.  Army Regulation 600-8-22 (Military Awards) states the requirements for
award of the Combat Action Badge are branch and military occupational
specialty immaterial.  Assignment to a combat arms unit or a unit organized
to conduct close or offensive combat operations, or performing offensive
combat operations is not required to qualify for the Combat Action Badge.
However, it is not




intended to award the Combat Action Badge to all Soldiers who serve in a
combat zone or imminent danger area.  The Soldier must be performing
assigned duties in an area where hostile fire pay or imminent danger pay is
authorized.  The Soldier must be personally present and actively engaging
or being engaged by the enemy, and performing satisfactorily in accordance
with the prescribed rules of engagement.  The Soldier must [not] be
assigned or attached to a unit that would qualify the Soldier for the
Combat Infantryman Badge or the Combat Medical Badge.

8.  Army Regulation 600-8-22 also states that award of the Combat Action
Badge is authorized from 18 September 2001 to a date to be determined.
Award for qualifying service in any previous conflict is not authorized.
Retroactive awards of the Combat Action Badge are not authorized prior to
18 September 2001.

9.  Army Regulation 600-8-22 (Military Awards) 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: (1) the area of eligibility encompasses all
land area of the Republic of Korea, and the contiguous water out to 12
nautical miles; and (2) 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: (1) be engaged in combat during an armed engagement, regardless
of the time in the area of eligibility; (2) wounded or injured in the line
of duty and required medical evacuation from the area of eligibility; or
(3) 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 KDSM eligibility, the nonconsecutive service period for
eligibility remains cumulative throughout the entire period.

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.  As previously stated, the Chief of Staff of the Army approved the
creation of the Combat Action Badge on 2 May 2005, to provide special
recognition to Soldiers who personally engaged, or are engaged by, the
enemy.  Award of the Combat Action Badge is authorized from 18 September
2001 to a date to be determined.   Award for qualifying service in any
previous conflict is not authorized.  Retroactive awards of the Combat
Action Badge are not authorized prior to 18 September 2001.  The applicant
retired on 31 October 1993; therefore, he is not entitled to award of the
Combat Action Badge.

2.  The DA Form 2166-6 that the applicant submitted in support of his
application shows that he did participate in Team Spirit 1988, which was in
Korea.  The Certificate of Entry into North Korea that he submitted shows
that he did cross the military demarcation line into communist North Korea
as an official guest on 18 March 1988.  However, neither of these documents
shows that he met the time requirements in accordance with Army Regulation
600-8-22 for award of the Korea Defense Service Medal.

3.  The copy of the calendar that he submitted in support of his
application has been noted.  However, without published orders indicating
when he departed Korea, the documentation that he submitted is insufficient
evidence to warrant awarding him the Korea Defense Service.  Therefore,
there is no basis for granting this portion of the applicant’s request at
this time.

4.  However, the applicant's DD Form 214 erroneously shows that he was
awarded the "Saudi Kuwait Liberation Medal".  There is no such decoration.
His records show that he is entitled to both the Kuwait Liberation Medal
(KLM-SA) and the Kuwait Liberation Medal (KSM-K) based on his service in
the Persian Gulf during the appropriate timeframes.  Therefore, is DD Form
214 should be corrected to delete the "Saudi Kuwait Liberation Medal" and
to include the Kuwait Liberation Medal (KLM-SA) and the Kuwait Liberation
Medal (KSM-K).

5.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS____  __DWT__  __JTM__  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)  amending his DD Form 214 to delete the "Saudi Kuwait Liberation
Medal"; and


      b)  including the Kuwait Liberation Medal (KLM-SA) and the Kuwait
Liberation Medal (KSM-K) on his DD Form 214 and awarding him these
decorations.

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 Action Badge and the Korea Defense Service Medal.




                            _____John N. Slone____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005031                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  135                 |107.0089/KUWAIT LIBERATION MEDAL (K)    |
|3.  146                 |107.0100/KUWAIT LIBERATION MEDAL (SA)   |
|4.  1058                |107.0141/KOREA DEFENSE SERVICE MDL      |
|5.                      |                                        |
|6.                      |                                        |


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