IN THE CASE OF:	  

		BOARD DATE:	       1 OCTOBER 2009

		DOCKET NUMBER:  AR20090005422 


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 Kuwait and all of the awards and decorations that he earned during his participation in Operations Desert Shield/Desert Storm to include the Combat Action Badge/Ribbon.

2.  The applicant states that the lack of the requested documentation is preventing him from receiving benefits as a veteran.  He also states that he received his combat patch and that he was told that his DD Form 214 would reflect the Combat Action Badge/Ribbon.

3.  The applicant provides no additional documentation 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.  On 2 October 1991, the applicant enlisted in the Regular Army in Montgomery, Alabama, for 5 years in the pay grade of E-1.  He successfully completed his training as a construction equipment repairer.

3.  On 12 October 1993, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 16-5b, based on his inability to overcome a locally-imposed bar to reenlistment.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 that he was furnished shows that he was awarded the National Defense Service Medal, the Army Service Ribbon, the Driver and Mechanic Badge with Driver-W Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows that he had 0000 years, 00 months, and 00 days of foreign service and item 18 (Remarks) does not show that he had foreign service.

6.  Information obtained from officials at the Defense Finance and Accounting Service (DFAS) shows that the applicant was deployed and that he arrived in Kuwait on 4 August 1992.  According to DFAS officials, he departed Kuwait on 5 October 1992.  He returned to the continental United States and he was assigned to the 190th Maintenance Company, 544th Maintenance Battalion, Fort Hood, Texas.

7.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the 


prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

8.  Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

9.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of colonel and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia on 1 March 1961 and ending with Operation Desert Storm in 1991.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a combat patch.  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters, Department of the Army, are authorized to be worn on the right sleeve of the Army green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.

11.  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 November 1995).

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, release from active military service, or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 12f, from the Soldier's official record, enter the total amount of foreign service completed during the period covered by the DD Form 214 and in item 13 enter all awards and decorations for all periods of service will be listed.

14.  Army Regulation 635-5 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show service in Kuwait and all of the awards and decorations that he earned during his participation in Operations Desert Shield/Desert Storm, to include the Combat Action Badge/Ribbon.

2.  His contentions have been noted.  However, he does not meet the criteria established by the applicable laws and regulations for award of the Combat Action Badge (retroactive award is not authorized prior to 18 September 2001) or the Combat Action Ribbon (which is not awarded to Army personnel).  The shoulder sleeve insignia for former wartime service or combat patch is a uniform item and there are no provisions for documenting this insignia on the DD Form 214.  Therefore, the Combat Action Badge, Combat Action Ribbon, and/or combat patch cannot be included on his DD Form 214.

3.  However, based on the criteria contained in Army Regulation 600-8-22, the applicant is qualified for the KLM-KU and the Southwest Asia Service Medal with one bronze service star.  These awards should be included on his DD Form 214.

4.  The available evidence of record shows that the applicant was serving in Kuwait from 4 August 1992 through 5 October 1992.  He performed 2 months and 2 days of foreign service and this information should also be included on his DD Form 214.

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.



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:

	a.  amending item 12f of his DD Form 214 to show that he had 00 years, 02 months, and 02 days of foreign service;

	b.  amending item 13 of his DD Form 214 to show that he was awarded the KLM-KU and the Southwest Asia Service Medal with one bronze service star; and

	c.  amending item 18 of his DD Form 214 to include the phrase "SERVICE IN KUWAIT FROM 19920804-19921005."

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 correcting his DD Form 214 to show that he was awarded the Combat Action Badge, the Combat Action Ribbon, or the combat patch.



      ___________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)                                         AR20090005422



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ABCMR Record of Proceedings (cont)                                         AR20090005422



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