IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20080011811
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded the Bronze Star Medal (BSM).
2. The applicant states that he received the BSM after his discharge from active duty.
3. In support of his request, the applicant provides a DA Form 4980-5 (Bronze Star Medal Certificate), dated 28 October 1991, which shows Permanent Orders Number 201-30, that authorized the award of the BSM to the applicant, and a DA Form 1577 (Authorization for Issuance of Awards), dated 13 November 1992.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants records show he enlisted in the Regular Army on 28 November 1986 for a period of 3 years. Upon completion of his advanced individual training he was awarded the military occupational specialty 76V (Materiel Storage and Handling Specialist). He was promoted to specialist four/E-4 effective 4 October 1988. He served in the Persian Gulf War from 8 September 1990 through 18 April 1991. He served until he was honorably released from active duty on 29 May 1992 and transferred to the U.S. Army Reserve.
3. The applicants DD Form 214 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Southwest Asia Service Medal with 2 bronze service stars, the Kuwait Liberation Medal Saudi Arabia, the Expert Marksmanship Qualification Badge (M-16), the Noncommissioned Officer Professional Development Ribbon, the Overseas Service Ribbon, the Army Good Conduct Medal and the Drivers Badge. His DD Form 214 does not show the Bronze Star Medal.
4. The applicant provided an award certificate and DA Form 1577 which show that he was awarded the Bronze Star Medal for exceptionally meritorious achievement in support of actions against a hostile force in the Persian Gulf from 17 January 1991 through 4 March 1991 while assigned to 1st Corps Support Command, XVIII Airborne Corps, Saudi Arabia.
5. Item 9 (Awards, Decorations & Campaigns) of the applicants DA Form 2-1 (Personnel Qualification Record Part II) shows that he was awarded the Expert Marksmanship Qualification Badge with Hand Grenade Bar.
6. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Bronze Star Medal. He is entitled to correction of his DD Form 214 to show the Bronze Star Medal.
2. The evidence shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Hand Grenade Bar. This marksmanship qualification badge should be added to his DD Form 214.
3. The applicant participated in the Persian Gulf War from 8 September 1990 through 18 April 1991. Therefore, he is entitled to be awarded the Kuwait Liberation Medal (Kuwait) and to have it added to his DD Form 214.
BOARD VOTE:
____x___ ___x____ ___x____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the Bronze Star Medal and Expert Marksmanship Qualification Badge with Hand Grenade Bar to his DD Form 214; and
b. awarding the applicant the Kuwait Liberation Medal (Kuwait) and adding it to his DD Form 214.
____________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) AR20080011811
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