IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090007903 


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 record to show award of the Kuwait Liberation Medal-Kuwait, the Korean Service Medal [appears to mean the Korea Defense Service Medal], the Overseas Service Medal [correctly known as the Overseas Service Ribbon], and the Sapper Tab.

2.  The applicant states that these awards and decorations were not available at the time of his retirement.

3.  The applicant provides no documentary evidence 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 record shows he served in both the U.S. Army Reserve and the Regular Army through a series of enlistments/reenlistments beginning in August 1972 and culminating with his retirement on 30 November 1993.  At the time of his retirement, the applicant held military occupational specialty 12B (Combat Engineer) and the rank/grade of sergeant first class (SFC)/E-7.

3.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he completed four overseas tours of duty in the following countries for the periods indicated:

	a.  the Republic of Korea, 20 April 1978 through 28 February 1979;

	b.  the Federal Republic of Germany, 29 June 1980 through 17 June 1983;

	c.  the Federal Republic of Germany, 20 June 1988 through 19 June 1992 (including a deployment to the Kingdom of Saudi Arabia); and

	d.  the Kingdom of Saudi Arabia, 21 January 1991 through 9 May 1991.

4.  Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Permanent Orders 313-41, dated 8 November 2004, show the applicant was awarded the Sapper Tab for successfully completing the Sapper Leaders Course during the period of 23 June 1986 to 21 July 1986.  Item 18 (Remarks) of the applicant's DD Form 214 also shows he completed the 4-week Sapper Leadership Course in 1986.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) and item 18 of the applicant's DD Form 214 show he was awarded or authorized:  the Army Service Ribbon, the National Defense Service Medal with one bronze service star, the Overseas Service Ribbon with Numeral 3, the Army Good Conduct Medal (6th Award), the Parachutist Badge, the Air Assault Badge, the Army Achievement Medal with First Oak Leaf Cluster, the Noncommissioned Officer Professional Development Ribbon (Level 3), the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal-Saudi Arabia, the Drill Sergeant Identification Badge, the Humanitarian Service Medal, the Army of Occupation Medal, and the German Efficiency Badge in bronze.  This form does not show award of the Korea Defense Service Medal or the Sapper Tab.

6.  Army Regulation 600-8-22 (Military Awards) shows the Korea Defense Service Medal was authorized by section 543 of the National Defense Authorization Act of 2003.  This regulation provides that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 600-8-22 provides that the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (Kuwait Liberation Medal-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.

8.  Army Regulation 600-8-22 also provides that the Kuwait Liberation Medal awarded by the Government of Kuwait (Kuwait Liberation Medal-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.

9.  Army Regulation 600-8-22, in effect at the time, showed that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation stated, 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 for successful completion of overseas tours.  The award could be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  This regulation also provided that the Overseas Service Ribbon would not be awarded for overseas service recognized with another U.S. service medal, such as the Southwest Asia Service Medal.  Numerals were used to denote the second and subsequent awards of the Overseas Service Ribbon.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award of the Kuwait Liberation Medal-Kuwait, the Korea Defense Service Medal, the Overseas Service Ribbon, and the Sapper Tab were carefully considered and determined to have merit.

2.  Permanent orders awarded the applicant the Sapper Tab for successfully completing the Sapper Leaders Course.  Therefore, he is entitled to correction of his record to show award of this special skill badge.

3.  The evidence shows the applicant served on active duty in the Republic of Korea during a designated period to qualify for award of the Korea Defense Service Medal.  Therefore, he is entitled to the Korea Defense Service Medal and to have his records corrected to show this award.

4.  The applicant’s DD Form 214 shows award of the Kuwait Liberation Medal-Saudi Arabia.  The evidence shows the applicant served on active duty during a designated period of time and place for award of both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to the Kuwait Liberation Medal-Kuwait and to have his records corrected to show this award.

5.  The evidence shows the applicant completed four overseas tours of duty.  His DD Form 214 indicates he was awarded the Overseas Service Ribbon for the completion of his tours in the Republic of Korea and the Federal Republic of Germany.  This form also shows the applicant's overseas tour in Saudi Arabia was recognized by award of the Southwest Asia Service Medal.  The policy in effect at the time prevented award of the Overseas Service Ribbon for service recognized by another U.S. service medal.  Therefore, it would be inappropriate to award the applicant an additional Overseas Service Ribbon.

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.  authorizing the applicant the Korea Defense Service Medal and the Kuwait Liberation Medal-Kuwait; 




	b.  adding to the applicant’s DD Form 214 the Korea Defense Service Medal, the Kuwait Liberation Medal-Kuwait, and the Sapper Tab; and

	c.  providing him a document to show these changes.



      __________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)                                         AR20090007903



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ABCMR Record of Proceedings (cont)                                         AR20090007903



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