IN THE CASE OF:	  

		BOARD DATE:	    16 November 2010

		DOCKET NUMBER:  AR20100012165 


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 he was awarded the Meritorious Service Medal, Korea Defense Service Medal, Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.

2.  The applicant states he is preparing his obituary.

3.  The applicant provides copies of his:

* DA Form 638 (Recommendation for Award) and the certificate for the Meritorious Service Medal
* Orders for the Army Commendation Medal for the period 6 September 1989 to 2 June 1990
* DA Form 2-1 (Personnel Qualification Record, Part II), page 1
* Orders assigning him to Korea and returning him to Fort Campbell, KY
* DD Form 214

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 initially entered active duty in 1969.  He had a break in service during the 1970's, but, on 30 June 1995, he retired as a first sergeant in pay grade E-8 with 22 years, 4 months, and 15 days of active service. 

3.  Orders, citations and certificates show that, during the applicant's Vietnam tour, he was awarded the Bronze Star Medal, the Bronze Star Medal with Oak Leaf Cluster for meritorious service, and the Bronze Star Medal with "V" Device for heroism, which equals a total of three awards.  Subsequently, Permanent Orders 3387, Headquarters, 1st Cavalry Division (Airmobile), dated 16 December 1980, amended the Bronze Star Medal with "V" Device to read the Bronze Star Medal with "V" Device (Second Oak Leaf Cluster).

4.  The applicant served during Operation Desert Shield/Storm from 5 October 1990 to 3 April 1991. 

5.  General Orders 227-00002, Headquarters, 101st Airborne Division awarded him the Meritorious Service Medal upon retirement.

6.  His final DD Form 214 lists his authorized awards as the Silver Star, Bronze Star Medal with "V" Device (2d Award), Air Medal, Army Commendation Medal (4th Award), Army Good Conduct Medal (7th Award) National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Southwest Asia Service Medal with 2 bronze service stars, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Republic of Vietnam Gallantry Cross With Palm Unit Citation, Multinational Force and Observers Medal, Republic of Vietnam Campaign Medal with Device (1960), Kuwait Liberation Medal, Combat Infantryman Badge, Parachutist Badge, Pathfinder Badge, and the Ranger Tab.

7.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 shows he served in Korea from 6 September 1989 through 2 September 1990 and in Saudi Arabia from 5 October 1990 through 3 April 1991.  

8.  Item 9 (Awards, Decorations and Campaigns) of the DA Form 2-1 lists the same awards as the final DD Form 214; however, item 9 also lists:

	a.  a total of three Bronze Star Medals but the "V" Device is not listed;

	b.  a total of two National Defense Service Medals;

	c. only two Army Commendation Medals;

	d.  "Jumpmaster";

	e.  "PRDR-BAD" [undetermined]; 

	f.  Expert Marksman Qualification Badge M-16 Rifle and Hand Grenade bars, also the Sharpshooter Marksmanship Qualification Badge with the M203 Grenade Launcher bar; and

	g.  Air Assault Badge.

9.  Army Regulation 600-8-22 (Military Awards) shows: 

   a.  the National Defense Service Medal is awarded for honorable active service between 1 January 1961 and 14 August 1974 and 2 August 1990 and 30 November 1995.  Subsequent awards of the National Defense Service Medal are denoted by a bronze service star;

   b.  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;

	c.  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;

	d.  a component bar is authorized for qualification with the grenade but there is no separate bar for the grenade launcher.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Meritorious Service Medal, Korea Defense Service Medal, Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.

2.  The applicant was awarded three Bronze Star Medals, one with a "V" Device. 

3.  He was awarded the Meritorious Service Medal upon his retirement.

4.  The applicant served during two qualifying periods and he is authorized the National Defense Service Medal with bronze service star.

5.  He is eligible for the award of the Korea Defense Service Medal, Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.

6.  The applicant qualified for the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.  His performance as a sharpshooter with the grenade launcher is a lower level grenade qualification and award of a second badge with a grenade bar is not warranted.

7.  In view of the foregoing findings and conclusions, it would be appropriate to rectify the above errors as recommended below:

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:

	a.  deleting the Bronze Star Medal with "V" Device  and Bronze Star Medal (2d Award), National Defense Service Medal, and the Kuwait Liberation Medal from the applicant's 30 June 1995 DD Form 214; and 
	b.  adding the Bronze Star Medal with "V" Device (3d Award), Meritorious Service Medal, National Defense Service Medal with bronze service star, Korea Defense Service Medal, Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.



      _______ _   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)                                         AR20100010526



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ABCMR Record of Proceedings (cont)                                         AR20100012165



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