IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100013839 


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 Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal (KLM), and an unspecified unit award.

2.  He states, in effect, that he was discharged prior to his unit (2nd Maintenance Support Team, 2nd Armored Cavalry Regiment) receiving recognition for their actions during the Battle of 73 Easting; the unit citation is not annotated on his DD Form 214.  He also states he did not realize the requested awards were omitted from his DD Form 214 until he attempted to apply for veterans' benefits.

3.  He provides copies of:

* a Certificate of Commendation from VII Corps
* his DD Form 214
* the first page of a DA Form 638 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal)

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.  He enlisted in the Regular Army on 8 February 1984.  Upon completion of initial entry training, he was awarded military occupational specialty 52D (Generator Mechanic).

3.  On 3 March 1992, the applicant was honorably discharged after completing 8 years and 22 days of active military service.  The DD Form 214 he was issued at the time contains the following entries:

	a.  Item 8 (Last Duty Assignment and Major Command) shows the Regimental Support Squadron, 2nd Armored Cavalry Regiment.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized (All periods of service)) shows he was awarded or authorized the:

* Army Achievement Medal (2nd award)
* Army Good Conduct Medal (2nd award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

4.  His record contains Permanent Orders Number 53-1 issued by the U.S. Army Garrison, Fort Huachuca, AZ, dated 13 April 1989, which show he was awarded the Drivers Badge with Mechanic Bar for the period 7 March 1988 to 7 March 1989.

5.  His record contains a DA Form 1059 (Service School Academic Evaluation Report) which shows he attended and completed the Primary Leadership Development Course from 20 June to 19 July 1989.

6.  His record contains Permanent Orders Number 12-1 issued by TEXCOM Intelligence and Security Board, Fort Huachuca, AZ, dated 30 November 1989, which show he was awarded the Army Achievement Medal with 4th Oak Leaf Cluster (also known as the Army Achievement Medal (5th Award)) for meritorious achievement during the period 5 September to 27 November 1989.

7.  He submitted the first page a DD Form 638, initiated on 5 February 1992, which shows he was recommended for award of the Army Commendation Medal as a permanent change of station award.  This document is not contained in his record and he did not provide the second page which would show whether or not the award was approved and documented on permanent orders.

8.  He submitted an undated copy of a VII Corps, Saudi Arabia, Certificate of Commendation which shows he served with distinction with the VII Corps in support of Operation Desert Storm. 

9.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 1 July 1990 and 31 August 1994.  The applicant served in support of Operations Desert Shield/Desert Storm from 1 January to 23 April 1991.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the SWASM is awarded to Army members who participated in Operation Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) campaigns.

11.  Army Regulation 600-8-22 provides, in pertinent part, the KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.  This regulation also provides the KLM awarded by the Government of Kuwait (KLM-KU) 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.

12.  Headquarters, Department of the Army, General Orders Number 27, dated 1994, show the Regimental Support Squadron, 2nd Armored Cavalry Regiment was awarded the Valorous Unit Award for the period 23 February 1991 to 26 February 1991.

13.  Army Regulation 600-8-22 states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated Noncommissioned Officer professional development courses.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It also provided that item 13 would list awards and decorations for all periods of service.  It further provided that in-service training courses would be listed in item 14 (Military Education) by indicating the title, number of weeks, and year during which the training was successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the SWASM, the KLM, and an unspecified unit award.

2.  The available evidence clearly shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm from 1 January to 
23 April 1991.  As a result, he served in Southwest Asia during a qualifying period for award of the SWASM.  During this period, he participated in the Defense of Saudi Arabia, the Liberation and Defense of Kuwait, and the Southwest Asia Cease-Fire campaigns.  Therefore, he is entitled to correction of his military records to show award of the SWASM with three bronze service stars.

3.  His service in Southwest Asia in support of Operation Desert Shield/Desert Storm was also a qualifying period for award of both the KLM-SA and the KLM-KU.  Therefore, he is entitled to correction of his military records to show award of these foreign awards.

4.  General orders awarded the Valorous Unit Award to his unit for actions that occurred during his tenure.  Therefore, he is entitled to correction of his records to show this unit award.

5.  Permanent orders awarded him the Army Achievement Medal (5th Award) and the Drivers Badge with Mechanic Bar.  Therefore, he is entitled to have his records correction to show these awards.

6.  Evidence of record shows he completed the 4-week Primary Leadership Development Course in 1989.  Therefore, he is entitled to have his record correct to show award of the Noncommissioned Officer Professional Development Ribbon and his successful completion of the Primary Leadership Development Course.

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 Army Achievement Medal (2nd Award) from item 13 of his DD Form 214;

   b.  adding the following entries to item 13 of his DD Form 214:
   
* SWASM with three bronze service stars
* KLM-SA
* KLM-KU
* Valorous Unit Award
* Army Achievement Medal (5th Award)
* Drivers Badge with Mechanic Bar
* Noncommissioned Officer Development Program Ribbon; 
	c.  adding the entry "Primary Leadership Development Course, 4 weeks, 1989" to item 14 of his DD Form 214; and 

   d.  providing him a document to show the above corrections.



      _______ 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)                                         AR20100013839



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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