IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090016988 


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) to show award of the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), a second award of the Overseas Service Ribbon, the Combat Infantryman Badge, two awards of the Army Achievement Medal, the Humanitarian Service Medal, and the Expert Infantryman Badge.  He also requests that item 12f (Foreign Service) of his DD Form 214 be corrected to show his service in Germany and Southwest Asia.  He further requests that a Certificate of Training be entered on his DD Form 214.

2.  The applicant states that he participated in Operation Desert Storm as an infantryman, that he was discharged on 22 May 1991, and that at the time of his discharge he was told that he would be issued a DD Form 215 (Correction to DD Form 214) to provide the missing information on his DD Form 214.  He points out that his DD Form 214 does not show he served in Southwest Asia or show several awards that he received during his active duty service.

3.  The applicant states that when he left the 101st Airborne Division, members of his 4th Division group were told they would be awarded the Combat Infantryman Badge for their combat service with the unit and orders would be forwarded to their parent unit.  He contends that prior to his discharge he was again told by the 4th Infantry Division personnel officer that orders for the Combat Infantryman Badge would be posted on a DD Form 215 once the orders were received by that headquarters.  He points out that 101st Airborne Division orders, dated 10 March 1991, show he was authorized to wear the 101st Airborne Division shoulder sleeve insignia for former wartime service with that unit.  During his period of assignment with the unit he was engaged in combat with the Iraq Republican Guard on two occasions (both engagements were behind enemy lines).  He also states he served in Germany for 24 months and he served in Southwest Asia for 3 months.

4.  The applicant provides nine enclosures outlined on page 4 of his statement 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 7 October 1986, served as an infantryman, and was honorably released from active duty on 22 May 1991.

3.  The applicant's DD Form 214 shows the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Overseas Service Ribbon, the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and the Expert Marksmanship Qualification Badge with Dragon Gunner Bar as authorized awards.  Item 12f on his DD Form 214 shows the entry "See Item #18."  Item 18 (Remarks) of this DD Form 214 does not show any deployments.  Item 18 of this DD Form 214 states, in pertinent part, that the applicant was separated from the service on temporary records and Soldier's affidavit and "A DD Form 215 will be issued to provide missing information or to correct any information."

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 28 January 1987 through 18 January 1989 (a total of 1 year, 11 months, and 22 days).

5.  There are no orders for the Combat Infantryman Badge in the available records.

6.  The applicant provided an award certificate, dated 16 March 1989, which shows he received the Army Achievement Medal for meritorious service during the period 2 February 1987 through 17 January 1989.

7.  There are no orders for the Expert Infantryman Badge.  However, the applicant provided an award certificate, dated 20 May 1989, which shows he received the Expert Infantryman Badge in recognition of professional skill, proficiency, and excellence as an infantryman in successfully completing the Expert Infantryman Badge Test on 20 May 1989.

8.  The applicant's service personnel records contain a document which states he was awarded the Humanitarian Service Medal for his participation in Operation Firebreak during the period 9 August 1990 to 21 August 1990.

9.  Headquarters, 2nd Battalion, 12th Infantry, Permanent Order Number 06-005, dated 6 December 1990, show the applicant received the Army Achievement Medal for meritorious achievement on 3 December 1990.

10.  The Defense Manpower Data Center (DMDC) compiled the Operation Desert Shield/Desert Storm Data Base.  The primary Operation Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 

11.  The Operation Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 1 March 1991 to 30 April 1991 (a total of 2 months).

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  It provides, in pertinent part, that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operation 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-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 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.

16.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

17.  Army Regulation 600-8-22 states that only decorations, medals, and ribbons are listed on the DD Form 214.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation 635-5 states that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's records.  It 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.  Based on the applicant's service in Southwest Asia, he is eligible for award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these medals.

2.  The applicant contends that he is eligible for a second award of the Overseas Service Ribbon for his service in Southwest Asia.  However, since he only served 2 months in Southwest Asia, there is insufficient evidence on which to base a second award of the Overseas Service Ribbon.

3.  There are no orders for the Combat Infantryman Badge in the applicant's service personnel records.  Although the evidence of record shows the applicant served as an infantryman, there is no evidence of record and he provides no evidence which shows he was assigned to an infantry unit that engaged in active ground combat or that he was personally present and under hostile fire in Southwest Asia.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

4.  The award certificate provided by the applicant which shows he received the Army Achievement Medal for meritorious service during the period 2 February 1987 through 17 January 1989 is accepted as sufficient evidence on which to amend his DD Form 214 to add the Army Achievement Medal.  Orders also show he received the Army Achievement Medal for meritorious achievement on 3 December 1990.  Therefore, his DD Form 214 should be corrected to show two awards of the Army Achievement Medal.

5.  The document contained in the applicant's service personnel records which shows he was awarded the Humanitarian Service Medal for Operation Firebreak during the period 9 August 1990 to 21 August 1990 is accepted as sufficient evidence on which to amend his DD Form 214 to show this medal.

6.  The award certificate provided by the applicant which shows he received the Expert Infantryman Badge is accepted as sufficient evidence on which to amend his DD Form 214 to show this badge.

7.  The governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.  Therefore, there is no basis for granting the applicant's request to show a certificate of training on his DD Form 214.

8.  The evidence of record shows the applicant served in Germany from 28 January 1987 through 18 January 1989 and he served in Southwest Asia from 1 March 1991 to 30 April 1991.  Therefore, item 12f of his DD Form 214 should be corrected to show he served a total of 2 years, 1 month, and 22 days of foreign service.

9.  The entry from the DMDC is accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 to show his dates of service in Southwest Asia.  Therefore, item 18 of the applicant's DD Form 214 should be corrected to show he served in Southwest Asia from 1 March 1991 to 30 April 1991.

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.  deleting the entry in item 12f of his DD Form 214;

	b.  adding the entry "02 01 22" in item 12f of his DD Form 214;

	c.  adding two awards of the Army Achievement Medal, the Humanitarian Service Medal, the SWASM with two bronze service stars, the KLM-KU, the KLM-SA, and the Expert Infantryman Badge to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and

	d.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910301-19910430" to item 18 of his DD Form 214.

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 Overseas Service Ribbon, the Combat Infantryman Badge, or amendment of his DD Form 214 to show a Certificate of Training.



      ____________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)                                         AR20090016988



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ABCMR Record of Proceedings (cont)                                         AR20090016988



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