IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100006993 


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 the following awards:

* Army Commendation Medal (ARCOM), 
* three Army Achievement Medals (AAM)
* Korea Defense Service Medal
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* three Overseas Service Ribbons
* Valorous Unit Award

2.  The applicant states he left the Army and the orders were sent to him after his separation from the Army.  He also annotated a copy of his DD Form 214 for the period ending 3 June 1991 as follows:

* don’t see the National Defense Service Medal or the Korea Defense Service Medal
* maybe should have the Overseas Service Ribbon with Numeral 3 since he served in Germany (1985 - 1986), Korea (1986 - 1987), and Germany 1989 with deployment to Iraq from December 1990 - May 1991
* add three bronze service stars on his Southwest Asia Service Medal for his service from 26 December [1990] - 15 May 1991


3.  The applicant provides the following documentary evidence in support of his application:

	a.  two DD Forms 214 for the period ending 4 June 1987 and 3 June 1991;

	b.  Permanent Orders 223-3, issued by Headquarters, 2nd Battalion, 39th Field Artillery, 3rd Infantry Division Artillery, dated 12 August 1986;

	c.  Permanent Orders 324-7, issued by Headquarters, 2nd Infantry Division, dated 20 November 1986;

	d.  Permanent Orders 11-1, issued by Headquarters, 45th Support Battalion, dated 30 October 1990;

	e.  Permanent Orders 52-10, issued by Headquarters, 2nd Brigade, 3rd Armored Division, dated 24 July 1991; and

	f.  Department of the Army General Orders (DAGO) Number 14, dated 11 April 1997.

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 August 1984 for a 3-year period.  He completed his initial entry training and he was awarded military occupational specialty (MOS) 63D (Self-Propelled Field Artillery Systems Mechanic).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.


3.  On 12 August 1986, the applicant was awarded the AAM for meritorious service by Permanent Orders 223-3 for the period 16 January 1984 to 23 May 1986.

4.  On 20 November 1986, the applicant was awarded the AAM (First Oak Leaf Cluster (1st OLC)) for meritorious achievement by Permanent Orders 324-7 for the period 1 November 1986 to 10 November 1986.

5.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record), last reviewed by him on 23 August 1986, shows two overseas assignments as follows:

* from 13 January 1985 through 7 July 1986 in Germany for 18 months
* from 20 August 1986 through 4 August 1987 in Korea for 11 months

6.  On 4 June 1987, the applicant was honorably released from active duty under the voluntary early transition program.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 for this period of service shows he completed 2 years, 9 months, and 28 days of active.

7.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he received the following:

* Army Achievement Medal (1st OLC)
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Army Lapel Button
* Driver's Badge
* Mechanic's Badge
* German Armed Forces Efficiency Badge in Gold
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  The applicant again enlisted in the Regular Army on 13 August 1987.  During this second enlistment period, he completed additional MOS training and he was awarded MOS 45K (Tank Turret Repairman) on 27 June 1989.

9.  On 30 October 1990, the applicant was awarded another AAM for meritorious achievement by Permanent Orders 11-1 for the period 15 August 1989 - 
13 August 1990.  However, these orders show the AAM (1st Oak Leaf Cluster).

10.  On 24 July 1991, the applicant was awarded the ARCOM for exceptionally meritorious service by Permanent Orders 52-10 for the period 24 December 1990 to 1 March 1991.

11.  Item 5 of the applicant's DA Form 2-1, last reviewed by him on 17 July 1989, shows one overseas assignment in Germany from 29 June 1989 through
10 January 1991 in Germany.  This form also shows he was assigned to Company B, 45th Support Battalion, 3rd Armored Division

12.  The applicant was honorably released from active duty on 3 June 1991 by reason of expiration of his term of service and he was transferred to the USAR Control Group (Reinforcement) to complete his military service obligation.  He was issued a DD Form 214 for his second enlistment period that shows he served for 3 years, 9 months, and 21 days of active service during this enlistment period.  His foreign service tour credit for this period was 1 year, 11 months, and 3 days.

13.  Item 13 of this DD Form 214 shows the:

* Army Service Ribbon
* Army Good Conduct Medal (2nd Award)
* Army Achievement Medal (1st OLC)
* Overseas Service Ribbon with Numeral 2
* Southwest Asia Service Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon
* German Armed Forces Efficiency Badge in Gold
* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

14.  Item 18 (Remarks) of the applicant's DD Form 214 for this period shows he served in Southwest Asia from 26 December 1990 to 10 May 1990 (sic - should show 1991).

15.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base containing the records for Soldiers from the Regular Army, Army Reserve, Army National Guard, and retiree recall personnel who participated in-theater between 2 August 1990 and 31 July 1991.  

16.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater from 15 November 1990 to 3 June 1991.

17.  DAGO Number 14, dated 11 April 1997, announced the applicant's unit, the 45th Support Battalion, received the Valorous Unit Award for its service in Southwest Asia from 29 December 1990 - 19 May 1991.

18.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	c.  Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	e.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas [DROS]) states a Soldier will be credited with a completed tour and awarded a new DROS if he serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

	f.  Army Regulation 600-8-22 states 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.

	g.  Army Regulation 600-8-22 states 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.

	h.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show these additional awards: 

* ARCOM
* AAM with 2 OLC
* Korea Defense Service Medal
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Overseas Service Ribbon (3rd Award)
* Valorous Unit Award

2.  Permanent or general orders announced award of the ARCOM and the third award of the AAM to him and the Valorous Unit Award to his unit.  Therefore, the applicant is entitled to a correction of his DD Form 214 for the period ending       3 June 1991 to show these three awards.

3.  Based on the applicant's qualifying foreign service in the Republic of Korea, he is entitled to the Korea Defense Service Medal and correction of his DD Form 214 for the period ending 3 June 1991 to show this award.

4.  The applicant served honorably during a designated period of service meeting the criteria for the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 June 1991 to show this award.



5.  Based on the evidence of record, the applicant served in Operations Desert Shield/Desert Storm during the period from 15 November 1990 to 3 June 1991.  During this period, he served in three campaigns.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Southwest Asia Service Medal.

6.  Based on his qualifying service in Operations Desert Shield/Desert Storm, he is entitled to the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait and correction of his DD Form 214 for the period ending 3 June 1991 to show these awards.

7.  Based on the applicant's service record which shows he served three overseas service tours, he is entitled to a correction of his record to show the numeral "3" for wear on his already-awarded 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 amending his DD Form 214 for the period ending 3 June 1991 by:

   a.  deleting from item 13 the Army Achievement Medal (1st OLC), Southwest Asia Service Medal, and the Overseas Service Ribbon with Numeral 2; and

	b.  adding to item 13 the:

* Army Commendation Medal 
* Army Achievement Medal (2nd Oak Leaf Cluster)
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Korea Defense Service Medal
* Overseas Service Ribbon with Numeral 3
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia
* Valorous Unit Award



      ____________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)                                         AR20100006993



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS