IN THE CASE OF:	

		BOARD DATE:	13 August 2009    

		DOCKET NUMBER:  AR20090003674 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 March 1994 to show awards of the Army Achievement Medal, the National Defense Service Medal, the Army Good Conduct Medal (1st Award), the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal (Saudi Arabia), the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and the Driver and Mechanic Badge with Drivers Bar.

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214. 

3.  The applicant provides his DD Form 214; a DA Form 2-1 (Personnel Qualification Record) reviewed on 5 January 1993; Headquarters, 209th Military Police Company, Permanent Orders Number 7-4, dated 29 August 1991; Headquarters, 319th Military Intelligence Battalion (Airborne) (Operations), Permanent Orders 9-4, dated 1 September 1991; and Headquarters, 4th Infantry Division (Mechanized), Permanent Orders 343-1689, dated 9 December 1993.

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 10 October 1990 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 95B (Military Policeman).

3.  The applicant was deployed in support of Operations Desert Shield/Desert Storm.  He arrived in the Southwest Asia theater of operations assigned to the 209th Military Police Company on 25 February 1991.  He departed the Southwest Asia theater of operations on 29 March 1991 after being credited with participating in one campaign.

4.  Headquarters, 209th Military Police Company, Permanent Orders 
Number 7-4, dated 29 August 1991, show that the applicant was awarded the Army Achievement Medal for meritorious service during the period 25 February 1991 through 6 September 1991.

5.  Headquarters, 319th Military Intelligence Battalion (Airborne) (Operations), Permanent Orders 9-4, dated 1 September 1991, show that the applicant was awarded the Driver and Mechanic Badge with Drivers Bar.

6.  Headquarters, 4th Infantry Division (Mechanized), Permanent 
Orders 343-1689, dated 9 December 1993, show the applicant was awarded the Army Good Conduct Medal (1st Award) for the period 10 October 1990 through 9 October 1993.

7.  On 11 March 1994, the applicant was honorably separated from active duty for physical disability.

8.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 for the period ending 11 March 1994 does not show the entry of any awards.

9.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 shows award of the Army Service Ribbon, the National Defense Service Medal, the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal (Saudi Arabia), the Driver and Mechanic Badge, and the Army Achievement Medal.  Item 9 further shows that he qualified for:

	a.  the Expert Marksmanship Qualification Badge with Rifle Bar on 4 January 1991;

	b.  the Expert Marksmanship Qualification Badge with Grenade Bar on 17 November 1990; and

	c.  the Sharpshooter Marksmanship Qualification Badge with Pistol Bar on 19 June 1993.

10.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

11.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.

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 November 1995).

13.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that all his military awards should be added to his DD Form 214 for the period ending 11 March 1994.  For some unknown reason item 9 of his DD Form 214 does not show his military service awards.

2.  The applicant met the eligibility criteria for award of the National Defense Service Medal, the Army Service Ribbon, the Southwest Asia Service Medal, the Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).  His participation in one campaign makes him eligible for one bronze service star to be worn on his Southwest Asia Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

3.  The evidence of record shows that the applicant was awarded the Army Achievement Medal, the Army Good Conduct Medal (1st Award), and the Driver and Mechanic Badge with Drivers Bar.  He qualified for the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  His DD Form 214 should be amended to add these awards.

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 amending his DD Form 214 to add:

	a.  the National Defense Service Medal,

	b.  the Army Service Ribbon,

	c.  the Army Achievement Medal,

	d.  the Army Good Conduct Medal 1st Award,

	e.  the Southwest Asia Service Medal with one bronze service star,

	f.  the Kuwait Liberation Medal (Saudi Arabia),

	g.  the Kuwait Liberation Medal (Kuwait),

	h.  the Driver and Mechanic Badge with Drivers Bar,

	i.  the Expert Marksmanship Qualification Badge with Rifle Bar,

	j.  the Expert Marksmanship Qualification Badge with Grenade Bar, and 

	k.  the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.



      ___________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)                                         AR20090003674



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003674



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1