IN THE CASE OF:	  

		BOARD DATE:	    4 November 2010

		DOCKET NUMBER:  AR20100011798 


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 all of his authorized awards.

2.  The applicant states he is applying for a Federal government position at Fort Irwin, CA, and it's important that all of his awards are properly recorded on his DD Form 214.

	a.  He states he was assigned to the 1st Battalion, 72nd Armor, 2nd Infantry Division, at Camp Casey, Republic of Korea (ROK), from January 1991 to January 1992 and qualified for the Korea Defense Service Medal.

	b.  He states he was assigned to the 3rd Battalion, 67th Armor, and attached to the 1st Squadron, 9th Cavalry, 1st Cavalry Division, at Camp Doha, Kuwait, from January 1993 to April 1993 in support of Operations Intrinsic Action and Southern Watch.  He also states he qualified for the Southwest Asia Service Medal based on his service during the Southwest Asia Cease-Fire campaign.  He further states the award was presented to him at Camp Doha, but it is not recorded on his DD Form 214.  He adds he also met the criteria for award of the Kuwait Liberation Medal (Kuwait) based on his service in Kuwait.

	c.  He states the Korea Defense Service Medal and Kuwait Liberation Medal (Kuwait) were approved for U.S. Armed Forces personnel after he separated from the Army, which explains why they are not on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and reassignment orders 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 in the Regular Army for a period of 3 years on 12 January 1984.  Upon completion of training he was awarded military occupational specialty 11C (Indirect Fire Infantryman).  He reenlisted on three occasions and continued to serve on active duty through 15 January 1994.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) that he served in Korea from 22 January 1991 through 21 January 1992;

	b.  item 9 (Awards, Decorations, and Campaigns) that he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Parachutist Badge, Army Service Ribbon, Army Achievement Medal (2nd Award), Army Good Conduct Medal (3rd Award), Noncommissioned Officer Professional Development Ribbon, Expert Infantryman Badge, Army Commendation Medal, U.S. Army Recruiter Badge, National Defense Service Medal, and Overseas Service Ribbon; and

	c.  item 35 (Record of Assignments) that he was assigned to Headquarters and Headquarters Company, 1st Battalion, 72nd Armor, 2nd Infantry Division, ROK, from 25 January 1991 through 20 January 1992.

4.  A review of the Gulf War Deployment Roster shows the applicant's period of deployment as 1 January 1993 to 31 March 1993.

5.  The applicant's DD Form 214 shows he entered this period of active duty on 12 January 1984 and he was honorably discharged on 15 January 1994.  At the time he had completed 10 years and 4 days of net active service during this period.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal (3rd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon, Expert Infantryman Badge, Parachutist Badge, Driver and Mechanic Badge with Driver-W [Wheel] Component Bar, Expert Marksmanship Qualification Badge with Rifle Bar, U.S. Army Recruiter Badge, and Army Lapel Button.

	b.  Item 18 (Remarks) does not show he deployed with his unit to Southwest Asia (Kuwait).

6.  There is no evidence in the applicant's military personnel records that shows he was awarded the Korea Defense Service Medal, Southwest Asia Service Medal, or Kuwait Liberation Medal (Kuwait).

7.  In support of his request, the applicant provides a copy of Headquarters, 1st Cavalry Division, Fort Hood, TX, Permanent Order 3-1, dated 13 January 1993, and a one-page [Personnel] Manifest Report.  The orders directed the temporary change of station of the assigned personnel and assignment to U.S. Central Command with attachment to the 1st Battalion, 9th Cavalry (Infantry) Battle Task Force, 1st Cavalry Division, with duty in Kuwait.  The manifest report lists the applicant's name and shows that at the time he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 67th Armor.

8.  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.

9.  Headquarters, 2nd Battalion (Mechanized), 34th Infantry, Fort Stewart, GA, Permanent Orders 46-1, dated 17 September 1986, awarded the applicant the Army Achievement Medal for meritorious achievement from 22 July 1986 to 5 August 1986.

10.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 92-60, dated 16 May 1989, awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement from 10 March 1989 to 1 April 1989.
11.  Headquarters, U.S. Army Soldier Support Center, Fort Benjamin Harrison, IN, Orders 180-33, dated 29 June 1989, awarded the applicant the U.S. Army Basic Recruiter Badge effective 30 June 1989.

12.  Headquarters, U.S. Army Recruiting Command, Fort Sheridan, IL, memorandum, dated 15 June 1990, subject:  Announcement of Recruiter Incentive Award, awarded the applicant the U.S. Army Basic Recruiter Badge with One Gold Achievement Star for the period 1 December 1989 to 31 May 1990.

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

	a.  Paragraph 2-14 provides for award of the Southwest Asia Service Medal 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.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  This paragraph contains a list of Southwest Asia Conflict campaigns and it shows that during the applicant's tour of duty in Southwest Asia from 13 January 1993 to 31 March 1993 he participated in Southwest Asia Cease-Fire Campaign (12 April 1991-30 November 1995).

	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 Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the ROK.  The area of eligibility encompasses all land area of the ROK and 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief/Enlisted Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214.

		(1)  Item 13 stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry would be verified by the Soldier's records; do not use abbreviations.

		(2)  Item 18 stated to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards; specifically, the Korea Defense Service Medal, Southwest Asia Service Medal, and Kuwait Liberation Medal (Kuwait).

2.  Records show the applicant qualified for award of the Korea Defense Service Medal based on his service in the ROK.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

3.  The Gulf War Deployment Roster shows the applicant's period of deployment to Southwest Asia as 1 January 1993 to 31 March 1993.  However, permanent orders directed the temporary change of station of the applicant for duty in Kuwait effective 13 January 1993.  Thus, based on the available evidence, it is concluded that the applicant served in Kuwait from 13 January 1993 to 31 March 1993.

	a.  The applicant qualified for award of the Southwest Asia Service Medal and he served in one campaign during his service in Kuwait.  Thus, he is entitled to award of the Southwest Asia Service Medal with one bronze service star.

	b.  The applicant qualified for award of the Kuwait Liberation Medal (Kuwait).

	c.  In view of the foregoing, it would be appropriate to correct his DD Form 214 to show his service in Kuwait and these two service awards.

4.  The evidence of record shows that two separate permanent orders awarded the applicant:

	a.  the Army Achievement Medal for meritorious achievement from 22 July 1986 to 5 August 1986 and

	b.  the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement from 10 March 1989 to 1 April 1989.

	c.  Therefore, it would be appropriate to correct his DD Form 214 to show two awards of the Army Achievement Medal.

5.  The evidence of record shows the applicant was awarded the U.S. Army Basic Recruiter Badge effective 30 June 1989.  The evidence of record also shows he was awarded the U.S. Army Basic Recruiter Badge with One Gold Achievement Star for the period 1 December 1989 to 31 May 1990.  Therefore, it would be appropriate to show this badge on his DD Form 214.

6.  Records show the applicant was authorized the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge.

BOARD VOTE:

___X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting from item 13 of his DD Form 214 the Army Achievement Medal and U.S. Army Recruiter Badge;

	b.  adding to item 13 of his DD Form 214 the Army Achievement Medal (2nd Award), Southwest Asia Service Medal with One Bronze Service Star, Korea Defense Service Medal, Kuwait Liberation Medal (Kuwait), U.S. Army Recruiter Badge with One Gold Star, and Sharpshooter Marksmanship Qualification Badge with Grenade Bar; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19930113-19930331."



      __________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)                                         AR20100011798



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ABCMR Record of Proceedings (cont)                                         AR20100011798



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