IN THE CASE OF:	  

		BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090003571 


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 his service in the Persian Gulf during Operation Desert Shield/Desert Storm and to award him the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal (KLM), and a second award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his DD Form 214 should be amended to show these corrections.

3.  The applicant provides a copy of his DD Form 214 in support of his 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 enlisted in the Regular Army on 3 September 1968.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).  He served in Vietnam from October 1969 to October 1970.

3.  The applicant was released from active duty on 2 September 1971 in the rank of sergeant, E-5.  On the following day, he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  His DD Form 214 for the period ending 2 September 1971 shows one award of the CIB.

4.  The applicant enlisted in the Regular Army again on 22 January 1974 and continued to serve on active duty through a series of reenlistments as a Special Forces operations sergeant.

5.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Saudi Arabia from 30 August 1990 through 30 March 1991.

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows the KLM-Saudi Arabia (KLM-SA) and one award of the CIB.

7.  The applicant was released from active duty on 29 February 1992 and on the date following he was placed on the Retired List.

8.  Item 18 (Remarks) on his DD Form 214 for the period ending 29 February 1992 does not show he served in SWA.

9.  His DD Form 214 for the period ending 29 February 1992 does not show the SWASM, the KLM, or a second award of the CIB as authorized awards.  This DD Form 214 shows one award of the CIB.

10.  The applicant's records do not contain orders that show he was awarded a second award of the CIB.

11.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 18 is used for entries required by Headquarters, Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.

12.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM 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 1991 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

13.  The 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.

14.  The KLM-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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Second and third awards of the CIB are indicated by superimposing one and two stars, respectively.  To date, a separate award of the CIB has been authorized for service in the Republic of Vietnam Conflict from 2 March 1961 to 28 March 1973 combined with qualifying service in Laos, Dominican Republic, Korea on the demilitarized zone, El Salvador, Grenada, Joint Security Area, Panmunjom, Korea, Panama, SWA Conflict, and Somalia, regardless of whether a Soldier has served one or multiple tours in any or all of these areas.  The Republic of Vietnam Conflict Era officially terminated on 10 March 1995.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in SWA from 30 August 1990 through 30 March 1991 in support of Operation Desert Shield/Desert Storm.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 for the period ending 29 February 1992 to show the entry, "SERVICE IN SWA FROM 19900830 - 19910330."

2.  Based on the applicant's service in SWA as stated in paragraph 1 above, he is eligible for award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU and correction of his records to show these awards.

3.  The applicant states he should be awarded a second award of the CIB.
4.  The evidence of record shows the applicant held an infantry MOS and was awarded the CIB for his service in Vietnam.  However, Army Regulation 600-8-22 prohibits a second award of the CIB for service during the Republic of Vietnam Conflict Era regardless of whether a Soldier has served one or multiple tours in any or all of the recognized areas.  Since both his service in Vietnam and SWA fall within the Republic of Vietnam Conflict Era, he is only authorized one CIB.

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 the DD Form 214 for the period ending 29 February 1992 of the individual concerned be corrected by:

	a.  amending item 18 to add the entry, "SERVICE IN SWA FROM 19900830 - 19910330"; and

	b.  amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU.

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 a second award of the CIB.



      _____________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)                                         AR20090003571



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ABCMR Record of Proceedings (cont)                                         AR20090003571



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