IN THE CASE OF:	  

		BOARD DATE:	       28 APRIL 2009

		DOCKET NUMBER:  AR20080020055 


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) for the period ending 12 June 1991 as follows:

	a.  show his military occupational specialty (MOS) as 91B (Medical Specialist) and adding his Army Good Conduct Medal; and

	b.  award of the Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Kuwait), the Meritorious Unit Award, and three bronze service stars to be affixed to his already-awarded Southwest Asia Service Medal.

2.  The applicant states, in effect, that his DD Form 214 contains administrative errors.

3.  The applicant provides copies of his DD Forms 214, dated 27 August 1982, 27 April 1988, and 12 June 1991 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 U.S. Army Reserve (USAR) on 28 April 1982.  He subsequently entered active duty for training (ADT) on 3 May 1982, completed basic combat and advanced individual training, and was awarded MOS 91B.  He was released from active duty to the control of his USAR unit on 27 August 1982.

3.  The applicant's records also show he enlisted in the Regular Army for a period of 3 years on 1 February 1984.  He subsequently completed a second advanced individual training and was awarded MOS 88M (Motor Transport Operator).  He also executed a 6-month extension in the Regular Army on 27 November 1985 and was honorably discharged on 27 April 1988.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on 27 April 1988 shows he was awarded the Army Service Ribbon, Overseas Service Ribbon, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Driver and Mechanic Badge with Driver-W Bar.

5.  After a short break in service, the applicant enlisted in the Regular Army for a period of 4 years on 15 November 1988.  He was subsequently reassigned as a driver to the 360th Transportation Company, Fort Carson, CO.  He attained the rank/grade of specialist four (SP4)/E-4 and was honorably discharged on 12 June 1991.

6.  Item 11 (Primary Specialty) of the applicant's DD Form 214 shows the entries "88M1O Motor Transport Operator, 6 years 8 months" and "91A1O Medical Specialist, 8 years 10 months." 

7.  Item 13 of the applicant's DD Form 214 for the period ending 12 June 1991 shows he was awarded the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Army Achievement Medal (1st Oak Leaf Cluster), Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Driver/Mechanic Badge with Driver-W Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia from 29 November 1990 to 24 April 1991.

9.  Headquarters, Department of the Army General Orders Number 27, dated 27 December 1994, shows the 360th Transportation Company, the unit to which the applicant was assigned, was awarded the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding service from 16 October 1990 to 30 April 1991.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

   a.  item 11, enter the MOS codes, titles, years, and months for enlisted personnel (obtained from the Soldier’s records and show the titles of all MOS’s served for at least 1 year and include for each MOS the number of years and months served during the period covered by the DD Form 214); and
   
   b.  item 13, enter on the DD Form 214 the awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier’s records.

11.  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-KU) 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.

12.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995). 
DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's MOS, the evidence of record shows that the applicant was awarded MOS 91B and MOS 88M during his military career.  There is no evidence that he was trained in or held MOS 91A.  It appears that when his DD Form 214 was completed on 12 June 1991, the entry 91A was erroneously entered instead of 91B.  Therefore, the applicant is entitled to correction of his DD Form 214 to show the correct MOS.

2.  The evidence of record shows that the applicant served in Southwest Asia from 29 November 1990 to 24 April 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 applicant's records show he served during a qualifying period for award of the Southwest Asia Service Medal.  Additionally, the applicant participated in three campaigns during his service in Southwest Asia.  Therefore, he is entitled to award of the Southwest Asia Service Medal with three bronze service stars.

4.  General orders awarded the applicant's unit of assignment the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding service from 16 October 1990 to 30 April 1991 which is not shown on the applicant's records.  Therefore, he is entitled to correction of his records to show this unit award.

5.  Evidence of record shows the applicant was previously awarded the Army Good Conduct Medal which is appropriately shown on his DD Form 214 for the period ending 27 April 1988.  By regulation, item 13 of the DD Form 214 will contain the awards and decorations awarded or authority for "all period of service."  Therefore, the applicant's DD Form 214 for the period ending 12 June 1991 should be corrected to show the Army Good Conduct Medal.

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 from item 11 of the applicant's DD Form 214 for the period ending 12 June 1991 the entry "91A" and replacing it with the entry "91B"; and

	b.  adding to item 13 of the applicant's DD Form 214 for the period ending
12 June 1991 the Army Good Conduct Medal (1st award), Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and the Meritorious Unit Commendation.



      ________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)                                         AR20080020055



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ABCMR Record of Proceedings (cont)                                         AR20080020055



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