IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100000922 


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, two awards of the Army Achievement Medal, the Armed Forces Expeditionary Medal, both Kuwait Liberation Medals, Combat Infantryman Badge, Aviation Badge, and Combat Patch.

2.  The applicant states he held two military occupational specialties (MOS); 11H (Heavy Anti-Armor Weapons Infantryman) and 67T (Black Hawk Crew Chief).

   a.  He states he was deployed as part of the expeditionary force and assigned to Task Force 160, 1st Battalion; served as a door gunner/crew chief; and was at the liberation of Kuwait City.

   b.  He states he was exposed to Scud missiles detonating while he was on roving foot patrol at KKMC [Saudi Arabia] beginning 20 February 1991 and continuing throughout the last week of February 1991.

   c.  He states he was then assigned to Headquarters and Headquarters Company, 2nd Aviation Brigade (Reserve), and exposed to 122mm battery fire on 28 February 1991.

   d.  He states the Department of Veterans Affairs (VA) has determined that he suffered brain damage as a result of his exposure to concussion blasts during combat.

3.  The applicant provides copies of two DD Forms 214, a diploma, two orders, a clothing record, and VA medical progress notes 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 enlisted and entered active duty in the Regular Army on
15 January 1985.  Upon completion of training he was awarded MOS 11H.

3.  A DD Form 214 shows the applicant was honorably released from active duty on 20 January 1988 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 3 years of net active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Army Lapel Button, Expert Marksmanship Qualification Badge with (M-16) Rifle, Grenade, and (.45 caliber) Pistol Bars, Parachutist Badge, and Army Achievement Medal.
	
4.  Headquarters, USAR Personnel Center, St. Louis, MO, Orders C-01-002163, dated 22 January 1991, ordered the applicant to active duty for the purpose of overseas deployment for a period of 365 days effective 5 February 1991.

5.  A DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 25 August 1992, shows the applicant entered active duty this period on 5 February 1991, he was honorably released from active duty on 13 March 1991, and transferred to the USAR Control Group (Reinforcement).  At the time he had completed 1 month and 9 days of net active service.

   a.  Item 12 (Record of Service), block f (Foreign Service), fails to show that he completed any overseas service.

   b.  Item 13 shows the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Parachutist Badge, and Army Achievement Medal.

   c.  Item 18 (Remarks) shows he was ordered to active duty in support of Operation Desert Shield/Storm; however, it does not show that he served in Southwest Asia.

6.  There is no evidence in the applicant's military personnel records that shows he was awarded the Purple Heart, Army Achievement Medal (2nd Award), Armed Forces Expeditionary Medal, either of the Kuwait Liberation Medals, the Combat Infantryman Badge, Aviation Badge, or authorized a "combat patch."

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

   a.  a U.S. Army Aviation Logistics School, Fort Eustis, VA, Diploma, that shows the applicant successfully completed the Tactical Transport Helicopter Repairer course on 20 September 1988;

   b.  U.S. Army Forces Central Command, Personnel Command, Orders 35-3, dated 7 March 1991, that released the applicant from attachment to Headquarters and Headquarters Company, 2nd Aviation Brigade, KKMC Saudi Arabia, effective 7 March 1991, and returned him to the USAR Control Group (Reinforcement), St. Louis, MO;

   c.  an Additional Organizational Clothing and Individual Equipment Record that shows the applicant turned in his equipment on 12 March 1991; and

   d.  nine pages of VA Medical Progress Notes spanning the period from 3 May 2007 to 23 October 2008.  The first eight pages of the progress notes offer no substantive information regarding the applicant's request.  The last page (Page 65, dated 23 October 2008) shows the applicant was being evaluated for a traumatic brain injury (TBI).  The applicant provides a description of two events in 1991 while he was activated for Operation Desert Storm that involved concussion forces that knocked him out.  It also shows he "started feeling symptoms 2 years ago" (i.e., in 2006).

8.  A review of the Gulf War Deployment Roster failed to show the applicant was deployed to Southwest Asia (SWA).

9.  In connection with the processing of this case, the Army Military Pay Operations - Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify the period of service the applicant was authorized hostile fire pay/imminent danger pay (HFP/IDP).  DFAS responded that it had no record of start or stop dates for HFP/IDP for the applicant.

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

   a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound 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.

   b.  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, formal recommendations, approval through the chain of command, and announcement in orders are required.

   c.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.

       (1)  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or
60 nonconsecutive days provided this support involved entering the area of operations.

       (2)  Operation Desert Storm/Desert Shield is not a designated operation authorized for award of the Armed Forces Expeditionary Medal.

   d.  The Southwest Asia Service Medal is awarded for service in the Gulf War to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 through 30 November 1995.

   e.  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.

   f.  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.

   g.  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 that an Army enlisted Soldier must have an infantry or special forces specialty and must 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.

   h.  The Basic Aviation Badge may be permanently awarded based on several different criteria.  For permanent award of the Basic Aviation Badge, an individual must be on flying status or be granted a waiver by the U.S. Army Human Resources Command; be on flying status (qualified by a Class III flight physical); must have performed in-flight duties for not less than 12 months (not necessarily consecutive) or by logging not less than 48 flight hours (whichever comes first); or be school trained.

	i.  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.

	j.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division,
1600 Spearhead Division Avenue, Fort Knox, KY  40122.  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, two awards of the Army Achievement Medal, the Armed Forces Expeditionary Medal, both Kuwait Liberation Medals, the Combat Infantryman Badge, Aviation Badge, and Combat Patch.

2.  There is no evidence in the applicant's military service records that shows he 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.  Moreover, the VA Medical Progress Notes the applicant provides in support of his request are insufficient as a basis to support his claim to the Purple Heart.  Therefore, there is insufficient evidence to support award of the Purple Heart in this case.

3.  Records show the applicant was awarded the Army Achievement Medal. Records also show the Army Achievement Medal is recorded in item 13 of both of his DD Forms 214.  However, there is no evidence that he was awarded a second award of the Army Achievement Medal.  Therefore, there is insufficient evidence to support correction of his records to show two awards of the Army Achievement Medal.

4.  The evidence of record fails to show the applicant served overseas in Kuwait or Iraq during the period of service under review

   a.  While there are orders that released the applicant from attachment to Headquarters and Headquarters Company, 2nd Aviation Brigade, KKMC Saudi Arabia, on 7 March 1991, there is no evidence that substantiates any overseas service.  Specifically, the Gulf War Deployment Roster fails to show the applicant was deployed to SWA, DFAS records could not confirm such service, and his
DD Form 214 does not show he served overseas in SWA.

   b.  Therefore, based on the available records, there is insufficient evidence to support correction of the applicant's records to show the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), or the Armed Forces Expeditionary Medal.  In addition, there is no basis for correcting his DD Form 214 to show the shoulder sleeve insignia for former wartime service (combat patch). 

5.  Records show the applicant held MOS 11B.  However, the evidence of record fails to show that he was assigned or attached to an infantry unit or that he satisfactorily performed infantry duties during such time that he was assigned or attached to an infantry that was engaged in active ground combat, and that he actively participated in such ground combat.  In addition, there are no orders or other evidence in the applicant's military service records that shows he was awarded the Combat Infantryman Badge.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Combat Infantryman Badge.

6.  There are no orders or other evidence that shows the applicant was awarded the Aviation Badge.  Therefore, there is no basis for correction of his records to show this badge.

7.  While the available evidence is insufficient for awarding the applicant a second award of the Army Achievement Medal, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20100000922



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ABCMR Record of Proceedings (cont)                                         AR20100000922



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