IN THE CASE OF:	  

		BOARD DATE:	        08 JANUARY 2009

		DOCKET NUMBER:  AR20080016485 


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, that he be awarded the Korea Defense Service Medal and the Kuwait Liberation Medal awarded by the Government of Kuwait. 

2.  The applicant essentially states that the aforementioned awards were not authorized until after his retirement, but that he is entitled to them. 

3.  The applicant provides no additional evidence 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 military records show that he enlisted in the Regular Army on 25 February 1975 and that he was retired from the Regular Army on 28 February 1994 under the fiscal year 1994 Early Retirement Program.  His overseas service included a tour in Korea from 20 July 1975 to 23 August 1976, Hawaii from 21 January 1986 to 5 January 1987, and service in Southwest Asia from 9 October 1990 to 26 July 1991.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to him at the time of his retirement, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, essentially shows that he was awarded the Bronze Star Medal, the Meritorious Service Medal, the Army Commendation Medal, the Army Achievement Medal with Second Oak Leaf Cluster, the Good Conduct Medal (Sixth Award), the National Defense Service Medal, the Southwest Asia Service Medal with Three Bronze Service Stars, the Noncommissioned Officer Professional Development Ribbon with Numeral 3 Device, the Army Service Ribbon, the Overseas Service Ribbon with Numeral 2 Device, the Driver and Mechanic Badge, the Kuwait Liberation Medal [awarded by the Kingdom of Saudi Arabia], and the Meritorious Unit Commendation.

3.  The applicant's DD Form 214 does not show that he was awarded the Korea Defense Service Medal.  However, he served in Korea from 20 July 1975 to 23 August 1976.

4.  The applicant's DD Form 214 also does not show that he was awarded the Kuwait Liberation Medal awarded by the Government of Kuwait.  However, he served in Southwest Asia from 9 October 1990 to 26 July 1991.

5.  During a review of the applicant’s records, it was determined that he is entitled to correction of his DD Form 214 to clarify his award of the Driver and Mechanic Badge.  His DD Form 214 shows that he was awarded the Driver and Mechanic Badge, but it does not show any component bars.  However, item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows that he was actually awarded the Driver and Mechanic Badge with Driver-W (for wheeled vehicles) Bar.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and 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.

7.  Army Regulation 600-8-22 also provides, in pertinent part, that 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.

8.  Army Regulation 600-8-22 further provides, in pertinent part, that the Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  It also states, in pertinent part, that component bars are authorized only for the following types of vehicles and/or qualifications:

   a.  Driver – W (for wheeled vehicles);

   b.  Driver – T (for tracked vehicles);

   c.  Driver – M (for motorcycles);

   d.  Driver – A (for amphibious vehicles);

   e.  Mechanic (for automotive or allied vehicles); and

   f.  Operator – S (for special mechanical equipment).


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Korea Defense Service Medal and the Kuwait Liberation Medal awarded by the Government of Kuwait.

2.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to award of the Korea Defense Service Medal, and correction of his military records to show the award of the Korea Defense Service Medal.

3.  The applicant served in Southwest Asia from 9 October 1990 to 26 July 1991 and participated in the Persian Gulf War.  Therefore, he is entitled to award of the Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his military records to show this award.  He is also entitled to correction of his 
DD Form 214 to clarify that the Kuwait Liberation Medal already shown on this document is the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia.

4.  Although the applicant's DD Form 214 shows that he was awarded the Driver and Mechanic Badge, it does not show the Driver-W Bar as part of this badge.  Therefore, he is entitled to correction of his DD Form 214 to show that he was actually awarded the Driver and Mechanic Badge with Driver-W Bar.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 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 add the Korea Defense Service Medal and the Kuwait Liberation Medal awarded by the Government of Kuwait;

	b.  correcting his DD Form 214 to clarify that the Kuwait Liberation Medal already shown on this document is the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia; and

	c.  correcting his DD Form 214 to show that he was actually awarded the Driver and Mechanic Badge with Driver-W Bar instead of only the Driver and Mechanic Badge.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career, and especially during Operations Desert Shield and Desert Storm.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      __________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)                                         AR20080016485



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ABCMR Record of Proceedings (cont)                                         AR20080016485



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