IN THE CASE OF:	  

		BOARD DATE:	    27 July 2010

		DOCKET NUMBER:  AR20100000431 


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 award of the Purple Heart, Army Commendation Medal (2nd Award) or Army Achievement Medal, Combat Action Badge, Driver and Mechanic Badge, and Valorous Unit Award.

2.  The applicant states he was assigned to the Unit Maintenance Command Post, 4th Battalion, 67th Armor, 3rd Armored Division during the Gulf War.

   a.  He states that on 25-26 February 1991, his unit came upon a bunker complex where scouts were clearing the bunker and processing prisoners.  He also states he noticed an individual heading toward a disabled tank that had a loaded machinegun mounted on its turret.  He fired a few rounds toward the enemy that hit him and he watched as he fell to the ground.  He adds the individual did not move, so he assumed he was dead.

   b.  He states early the next morning, Task Force Bandit engaged the enemy.  Three artillery rounds landed nearby; however, there were no explosions, just small clouds of black smoke.  He states his chemical tape had pink spots on all four pieces of the tape.  He also states about eight helicopters arrived and provided air support, and the task force was able to advance forward through the burning vehicles and dead bodies.  He adds his battalion was later awarded the Valorous Unit Award.


   c.  He requests the unit award and correction of his records to show all of his individual decorations and the unit award, including the Purple Heart for being exposed to chemical weapons while engaging an enemy force, the Army Commendation Medal (2nd Award) or Army Achievement Medal for his service in the Gulf War, the Combat Action Badge, Driver and Mechanic Badge, and Valorous Unit Award.

3.  The applicant provides copies of his DD Form 214, a Department of Veterans Affairs (VA) memorandum, two unit records, and an extract of a general order 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.  A DD Form 214 shows the applicant had prior honorable active duty enlisted service in the U.S. Marine Corps (USMC) from 21 February 1980 through
10 December 1984.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Rifle Expert Badge, Meritorious Mast, Meritorious Unit Commendation, and Good Conduct Medal.

3.  A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant had honorable enlisted service in the Army National Guard of the United States and Illinois Army National Guard from
26 November 1985 through 21 February 1986.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) shows the Meritorious Unit Commendation, Good Conduct Medal, Meritorious Mast, and Rifle Expert Badge.

4.  The applicant enlisted in the U.S. Army Reserve (USAR) Control Group (Delayed Entry) on 22 February 1986 and entered active duty in the Regular Army on 9 April 1986.  Upon completion of training he was awarded military occupational specialty 63E (M1 Abrams Tank System Mechanic).
5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.   item 5 (Oversea Service) that he served in Saudi Arabia from 5 January through 19 June 1991;

   b.   item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, USMC Good Conduct Medal, USMC Meritorious Unit Commendation, Good Conduct Medal (3rd Award - 8 April 1992), National Defense Service Medal, Army Commendation Medal, Southwest Asia Service Medal with 2 bronze service stars, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar; and

   c.  item 35 (Record of Assignments) that he was assigned to Headquarters and Headquarters Company, 4th Battalion, 67th Armor, from 14 March 1988 through 29 August 1991.

6.  Department of the Army, General Orders Number 14, dated 11 April 1997, awarded the Valorous Unit Award to Headquarters and Headquarters Company, 3rd Brigade, 3rd Armored Division, and certain assigned or attached units, including the 4th Battalion, 67th Armor, for extraordinary heroism while engaged in military operations during the period 6 January to 13 June 1991.

7.  Headquarters, 3rd Brigade, 3rd Armored Division, Permanent Orders Number 06-25, dated 29 March 1991, awarded the applicant the Army Commendation Medal (1st Award) for meritorious achievement from 17 January to 28 February 1991.

8.  A DD Form 214 shows the applicant entered active duty this period on
9 April 1986, and he was honorably discharged on 1 December 1993.  At the time he had completed 7 years, 7 months, and 23 days of net active service this period and 3 years, 5 months, and 20 days of foreign service.  It also shows in:

   a.  item 13 the Army Commendation Medal, Army Good Conduct Medal
(2nd Award), National Defense Service Medal, Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Meritorious Unit Commendation, USMC Good Conduct Medal, Army Lapel Button, Southwest Asia Service Medal with 3 bronze service stars, and Kuwait Liberation Medal; and

   b.  item 18 (Remarks) that he served in Southwest Asia from 5 January to
19 June 1991.
9.  There is no evidence in the applicant's military personnel records that shows he was awarded the Purple Heart, Army Commendation Medal (2nd Award), Army Achievement Medal, Combat Action Badge, or Driver and Mechanic Badge.

10.  In support of his request, the applicant provides the following documents:

   a.  a VA memorandum, dated 7 December 2004, subject:  Verification of participation in combat and/or verification of claimed stressors [Applicant's Name].  This document provides a similar summary that the applicant provides to this Board of the events on 25-26 February 1991.  The VA coordinator concludes that "[t]he evidence available confirms that the [applicant's] unit was directly engaged in combat with Iraqi forces including destroying enemy vehicles by tank fire";

   b.  Units of the 3rd Armored Division in the Gulf War, Operation Desert Storm, Gulf War Index, that shows the 4th Battalion, 67th Armor, 3rd Brigade, is listed as a special "attached unit" that served with the division during the ground war offensive (Desert Storm) and after; and

   c.  a 2-page unit log for the period from 1217-1638 hours, 26 [February 1991] that shows the 3rd Brigade reported possible chemical use at 1424 hours.  The document does not identify the 4th Battalion, 67th Armor, in any of the events.

11.  A review of the applicant's military personnel records shows he may be authorized additional awards that are not shown on his DD Form 214. 

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  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.

   b.  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.
   
   c.  The Purple Heart is awarded for a wound or injury sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound or injury was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
   
   d.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.

   e.  The Army Achievement Medal is awarded to any member of the armed forces of the United States who, while serving on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.   As with all personal decorations (e.g., Army Achievement Medal, Army Commendation Medal, etc.), formal recommendations, approval through the chain of command, and announcement in orders are required.

   f.  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.  
	
   g.  To receive the Driver and Mechanic Badge, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator's Identification Card; occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator's Qualification Record; and must perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.
   
	h.  Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

	i.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, Soldier Programs and Services Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart, Army Commendation Medal (2nd Award) or Army Achievement Medal for his service in the Gulf War, Combat Action Badge, Driver and Mechanic Badge, and Valorous Unit Award.

2.  There is no evidence that shows the applicant was wounded or injured as a result of hostile action, that such wound or injury required treatment, or that the medical treatment was made a matter of official record.  In addition, there are no orders or other evidence that shows the applicant was awarded the Purple Heart.  Therefore, there is insufficient evidence to support adding the Purple Heart to his DD Form 214.

3.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious achievement during the Gulf War from 17 January to 28 February 1991.  Records also show the Army Commendation Medal is recorded in item
9 of his DA Form 2-1 and item 13 of his DD Form 214.  There is no evidence he was recommended for or awarded a second award of the Army Commendation Medal.  Therefore, there is insufficient evidence to support correction of his records in this regard.

4.  There is no evidence that shows the applicant was recommended for or awarded the Army Achievement Medal.  Therefore, there is insufficient evidence to support correction of his records to show the award.

5.  There is no evidence that shows the applicant was awarded the Combat Action Badge.  There is also no evidence that shows he served in the U.S. Army subsequent to the effective date that the badge was authorized on 18 September 2001.  Therefore, there is insufficient evidence to support correction of his records to show this award.

6.  There is no evidence that shows the applicant was awarded the Driver and Mechanic Badge.  Therefore, there is insufficient evidence to support correction of his records to show this award.

7.  Records show the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  However, the applicant's DD Form 214 only shows the "Kuwait Liberation Medal."  Therefore, it would be appropriate to correct his DD Form 214 to show both of these foreign service medals.

8.  General orders awarded the applicant's unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

9.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal (2nd Award) or Army Achievement Medal, this in no way affects the applicant's right to pursue his claim for the award(s) by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 from item 13 of his 1 December 1993 DD Form 214 the Kuwait Liberation Medal; and

	b.  adding to item 13 of his 1 December 1993 DD Form 214 the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Valorous Unit Award.

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 the Purple Heart, Army 




Commendation Medal (2nd Award), Army Achievement Medal, Combat Action Badge, and Driver and Mechanic Badge.



      _______ _   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)                                         AR20100000431



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Reco