IN THE CASE OF:	  

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20090001117 


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, award of the Combat Action Badge (CAB) and Kuwait Liberation Medal (KLM)-Kuwait.

2.  The applicant states, in effect, that he believes he meets the requirements to be awarded the CAB which was approved in 2008 after he had already left the military.  He also believes that he is eligible for and authorized to receive the 
KLM-Kuwait which was authorized by the Kuwait government based on his service in Southwest Asia (SWA) in support of Operation Desert Shield/Storm.  He states that although it was only recently authorized, he believes he meets all the requirements to be awarded the CAB and that he would display it proudly.  He further states that he was just recently informed about his eligibility for the KLM-Kuwait by a fellow Soldier who informed him that they were eligible for both the KLM-Saudi Arabia and KLM-Kuwait.

3.  The applicant provides the following documents in support of his application:  4th Squadron, 17th Cavalry Regiment (Air) (Reconnaissance), 18th Aviation Brigade, Fort Bragg, North Carolina, memoranda, dated 12 June 1991 and 13 August 1990; Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, Permanent Orders 137-18, dated 19 July 1991; Operation Desert Shield/Storm Certificate; and DD Form 214 (Certificate of Release or Discharge from Active Duty).


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 record shows he enlisted in the Regular Army and entered active duty on 9 August 1977.  He was trained in, awarded, and served in military occupational specialty 66J (Aircraft Armament Technical Inspector).

3.  On 15 August 1992, the applicant was honorably released from active duty under the provisions of paragraph 16-8, Army Regulation 635-200 (Personnel Separations), by reason of enlisted voluntary early transition program.  The DD Form 214 he was issued at the time confirms he completed a total of 15 years and 7 days of active military service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his tenure on active duty:  Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, KLM-Saudi Arabia, Expert Marksmanship Qualification Badge with Rifle Bar, Noncommissioned Officer Professional Development Ribbon with Numeral "2," Overseas Service Ribbon, Army Good Conduct Medal (5th Award), Armed Forces Expeditionary Medal, Senior Aircraft Crewman Badge, Bronze Star Medal, Army Achievement Medal with 1st Oak Leaf Cluster, and Army Commendation Medal with 2nd Oak Leaf Cluster.

5.  Item 18 (Remarks) of the DD Form 214 shows the applicant served in SWA during the period from 13 December 1990 through 15 March 1991.

6.  In connection with the processing of this case, a member of the Board staff reviewed the Operation Desert Shield/Storm Personnel Roster which contained an entry that indicates the applicant served in SWA from 1 September 1990 through 31 July 1991.

7.  The applicant provides a unit memorandum, dated 12 June 1991, which shows he served in support of Operation Desert Shield/Storm during the period 13 December 1990 through 15 March 1991.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 8-8 of the awards regulation contains guidance on the CAB.  It states, in pertinent part, that in order to qualify for the CAB, a member must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he/she must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement; and he/she must be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The CAB is authorized from 18 September 2001 to a date to be determined.  The regulation stipulates that the award is not authorized for qualifying service in any previous conflict.

9.  Paragraph 9-15 of Army Regulation 600-8-22 contains guidance on award of the KLM-Kuwait and states, in pertinent part, that it is awarded to members who served in Kuwait and Saudi Arabia in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention the he is eligible for the KLM-Kuwait was carefully considered and found to have merit.  The evidence of record confirms he served in SWA in support of Operations Desert Shield/Desert Storm during the period from 13 December 1990 through 15 March 1991 as evidenced by his DD Form 214 and the 12 June 1991 unit memorandum he provided.  The official Operation Desert Shield/Storm Personnel Roster, although listing different dates, also confirms service in SWA during the qualifying period for the award.  Therefore, it would be appropriate to add this award to his record and separation document at this time.

2.  The applicant's contention that he meets the requirements for award of the CAB based on his service in SWA was carefully considered.  However, the governing regulation stipulates that the CAB is not authorized for service in conflicts prior to 18 September 2001.  Therefore, even if the applicant met the basic eligibility requirements for the CAB, it was not authorized during the period he served in SWA in support of Operation Desert Shield/Storm.


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 amending item 13 of his DD Form 214, dated 15 August 1992, by adding the Kuwait Liberation Medal-Kuwait and by providing him a corrected separation document that reflects this award.

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 award of the Combat Action Badge.



      ___________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)                                         AR20090001117



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ABCMR Record of Proceedings (cont)                                         AR20090001117



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