IN THE CASE OF:	  

		BOARD DATE:	        5 March 2009

		DOCKET NUMBER:  AR20080019023 


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 awards of the Purple Heart, the Kuwait Liberation Medal (Kuwait), and the Korea Defense Service Medal.

2.  The applicant states that he was awarded the Purple Heart but it is not listed on his DD Form 214 and that the Kuwait Liberation Medal and the Korea Defense Service Medal were authorized after his retirement.

3.  The applicant provided a copy of his DD Form 214, dated 31 August 1992, and a copy of his DA Form 2-1 (Personnel Qualification Record), dated 7 January 1992, 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 is a retired command sergeant major (CSM) who was inducted into the Army of the United States and entered active duty on 2 March 1966.  His records show he held military occupational specialties 11B (Infantryman), 71L (Administrative Specialist), and 19Z (Armor Senior Sergeant), performed duties in various staff and leadership positions, and was retired on 1 September 
1992.  He was credited with over 26 years of active Federal service.

3.  The applicant’s records also show he completed several periods of foreign service and/or overseas tours throughout his military career.  He served in the Republic of Vietnam from on or about 20 May 1967 to on or about 26 October 
1967.  He also completed multiple tours in Korea from 27 October 1967 to 26 November 1968, 6 December 1971 to 18 December 1972, and 10 August 
1988 to 9 July 1989.  Additionally, he served in Southwest Asia from 12 December 1990 to 23 March 1991.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 for the period ending 31 August 1992 shows he was awarded the Army Service Ribbon, the National Defense Service Medal with one bronze service star, the Southwest Asia Service Medal with two bronze service stars, the Army Good Conduct Medal (7th Award), the Army Retired Lapel Button, the Special Forces Tab, the Bronze Star Medal, the Army Achievement Medal (4th Oak Leaf Cluster), the Army Commendation Medal (4th Oak Leaf Cluster), the Armed Forces Expeditionary Medal (Korea), the Meritorious Service Medal (4th Oak Leaf Cluster), the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Overseas Service Ribbon (4th Award), five Overseas Service Bars, the Noncommissioned Officer Professional Development Ribbon with Numeral 4, the Kuwait Liberation Medal, the Combat Infantryman Badge, the Master Parachutist Badge, the Reserve Components Overseas Training Ribbon (2nd Award), the Presidential Unit Citation, the Armed Forces Reserve Medal with 10-year device, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Legion of Merit.

5.  Item 31 (Awards and Decorations) of the applicant’s DA Form 66 (Officer Qualification Record), dated on an unknown date, shows he was awarded the Purple Heart based on General Orders 72 issued by the 2d Surgical Hospital on 22 August 1967.  Additionally, item 24 of the applicant’s DD Form 214 for the period ending 6 February 1968 shows he was awarded the Purple Heart.


6.  Item 9 (Awards, Decorations, and Campaigns) of the applicant’s DA Form 2-1, prepared on 27 November 1987 and reviewed by the applicant on 9 December 
1991, shows award of the Purple Heart.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  

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

9.  Army Regulation 600-8-22 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 from 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 be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, is wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or 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.  Only one award of the Korea Defense Service Medal is authorized for any individual.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam.  However, this award is not shown on his DD Form 214 for the period ending 31 August 1992.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  The evidence of record shows that the applicant served in Southwest Asia from 12 December 1990 to 23 March 1991; therefore, he served a qualifying period for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait and is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows that the applicant served in Korea from 27 October 1967 to 26 November 1968, 6 December 1971 to 18 December 
1972, and 10 August 1988 to 9 July 1989.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

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.  deleting the Kuwait Liberation Medal from his DD Form 214 for the period ending 31 August 1992; and 


     b.   adding awards of the Purple Heart, the Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Kuwait), and the Korea Defense Service Medal to his DD Form 214 for the period ending 31 August 1992.


																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)                                         AR20080019023



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ABCMR Record of Proceedings (cont)                                         AR20080019023



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