IN THE CASE OF:	  

		BOARD DATE:	        12 February 2009

		DOCKET NUMBER:  AR20080015320 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge, the Iraq Campaign Medal, the Kuwait Liberation Medal, the Southwest Asia Service Medal, the National Defense Service Medal, and any other awards and/or decorations he may have earned as a result of his service in Southwest Asia.

2.  The applicant states the following:

	a.  his DD Form 214 from the Gulf War is incorrect and that he did not receive the Kuwait Liberation Medal upon his separation on 11 August 1992; 

	b.  he served in both theaters (Kuwait and Saudi Arabia) and would like to know what is presented to a Soldier who served in both theaters; 

	c.  he was told that all Army personnel would receive the Combat Action Badge; and

	d.  he does not have the Iraq Campaign Medal, the Southwest Asia Service Medal, the National Defense Service Medal, and the Kuwait Liberation Medal; and

   e.  if he is qualified for any other awards and decorations, he would like to get his records straight.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 for a period of 3 years on 22 September 1980.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12F (Engineer Tracked Vehicle Crewman).  He was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 21 September 1983.

3.  On 12 August 1986, the applicant enlisted in the USAR for a period of 6 years.  He was subsequently assigned to the 387th Engineer Company, Albuquerque, New Mexico, and served in MOS 88M (Motor Transport Operator).

4.  On 21 November 1990, the applicant was ordered to active duty as a member of his USAR unit in support of Operations Desert Shield/Storm and subsequently served in Southwest Asia from 7 February 1991 to 24 April 1991.  He was honorably separated and transferred to the control of his USAR unit on 18 May 1991.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Grenade Bar, and the National Defense Service Medal.

6.  On 14 July 1992, the applicant was issued a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty), that amended his DD Form 214 for the period ending 18 May 1991 and added awards of the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal.

7.  The applicant was ultimately discharged from the USAR on 30 November 1992.  There is no indication in his records that he completed any periods of military service subsequent to this discharge.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Action Badge.  It states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  The regulation further states the requirements for award of the Combat Action Badge are branch and MOS 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.  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 provides for award of the Iraq Campaign Medal.  It states that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members qualified for the Global War on Terrorism Expeditionary Medal by reasons of service between 19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal was subsequently authorized, will remain qualified for that medal.  Upon application, any such service member may be awarded the Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary Medal for such service.  No service member will be entitled to both medals for the same act, achievement, or period of service.  The Iraq Campaign Medal may be awarded posthumously, only one award of this medal may be authorized for any individual, and under no condition will personnel receive the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed Forces Expeditionary Medal for the same action, time period, or service.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, while participating in an operation or on official duties; 

	b.  is wounded or injured and required medical evacuation from the area of eligibility; or 

	c.  while participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of the military operations; each day of operations counts as one day of eligibility. 

10.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

11.  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.  Furthermore, 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.  With respect to award of the National Defense Service Medal and the Southwest Asia Service Medal, the applicant’s DD Form 214 and subsequent  DD Form 215 correctly list these awards.  Therefore, there is no further correction required.  However, if the applicant’s intent is to request replacement medals, the applicant is advised that requests for the issuance or replacement of military service medals, decorations, and awards should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri  63132-5100, will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  The applicant is advised to contact that center by mail or visit its website at http://www.archives.gov/veterans.
2.  The evidence of record shows that the applicant served in Southwest Asia in support of Operations Desert Shield/Storm from 7 February 1991 to 24 April 1991; therefore, he served a qualifying period of service for award of the KLM-SA and the (KLM-K) and is entitled to correction of his DD Form 214 to show these awards.  The applicant's DD Form 215 shows award of the KLM; however, his records should be corrected to show he is authorized the KLM-K and the KLM-SA.

3.  With respect to the Combat Action Badge, this 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.  There is no evidence that the applicant completed a qualifying period of service on or after 18 September 1981.  Therefore, he does not meet the criteria for award of the Combat Action Badge.

4.  With respect to award of the Iraq Campaign Medal, the regulation states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  There is no evidence in the applicant’s records that he completed any period of military service after his discharge in November 1992 and/or directly supported OIF.  Therefore, he does not meet the criteria for award of the Iraq Campaign Medal.

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 deleting the KLM and adding awards of the KLM-K and the KLM-SA to the applicant's 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 awards of the Combat Action Badge and the Iraq Campaign Medal.



															XXX
      _________________________
                 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)                                         AR20080015320



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ABCMR Record of Proceedings (cont)                                         AR20080015320



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