BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100016141 


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 records to show two awards of the Army Achievement Medal, the Combat Infantryman Badge, and Armed Forces Reserve Medal with Bronze and Gold Hour Glass Devices.

2.  The applicant states his 2 June 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show all of his awards.  He also states he:

   a.  received two awards of the Army Achievement Medal;

   b.  served in Iraq during Operation Desert Storm and cleared bunkers, rounded up enemy prisoners of war, and captured weapons; and

   c.  wrote the request for establishing standing operating procedures (SOP) regarding recreation and physical training areas for the 300th Supply and Service Battalion during Operation Desert Storm.  He adds that he served honorably in the U.S. Army Reserve (USAR) for 20 years.

3.  The applicant provides copies of two awards of the Army Achievement Medal; orders for the Expert Infantryman Badge; orders, notes, and photographs taken during Operation Desert Storm; two DD Forms 214 and two DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty); a Twenty Year Letter; an operations order; and SOP-related documents. 


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.  A DD Form 214 (Report of Separation from Active Duty) shows the applicant entered active duty in the U.S. Army on 21 April 1972, was honorably released from active duty on 16 April 1974, and transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.

   a.  At the time he had completed 1 year, 11 months, and 26 days of net active service with 1 year, 6 months, and 26 days of foreign service in U.S. Army Europe.

   b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Expert Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle and (.81 millimeter) Mortar Bars.

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

   a.  item 5 (Oversea Service) he served in Saudi Arabia from 9 December 1990 through 10 May 1991;

   b.  item 6 (Military Occupational Specialties [MOS]) he was awarded 76V4O (Materiel Control Accounting Specialist) as his primary MOS and 63B4O (Light Wheel Vehicle Mechanic) as his secondary MOS on 25 January 1985, and 11B4O (Light Weapons Infantryman) and 11C4O (Infantry Indirect Fire Crewman) as his additional MOSs on 25 August 1971;

	c.  item 9 (Awards, Decorations and Campaigns) shows the Army Service Ribbon, Army Reserve Components Achievement Medal (4th Award), Army Good Conduct Medal, National Defense Service Medal (2nd Award), Overseas Service Ribbon, Armed Forces Reserve Medal (16 April 1984); Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Achievement Medal, Expert Infantryman Badge, Driver and Mechanic Badge [with "W" Bar], Southwest Asia Service Medal with two bronze service stars, Army Commendation Medal, Kuwait Liberation Medal [Saudi Arabia], Sharpshooter Marksmanship Qualification Badge with Grenade, Pistol, and Mortar Bars, and Expert Marksmanship Qualification Badge with (M-16A1) Rifle Bar;

   d.  item 18 (Appointments and Reductions) that he was promoted to master sergeant/pay grade E-8 on 25 January 1985 and reduced to sergeant first class/ pay grade E-7 on 21 April 1991; and

	e.  item 35 (Record of Assignments) that he served in duty MOS 76Z5O (Operations Sergeant) while assigned to the 300th Supply and Service Battalion and attached to Headquarters Command (Forward) in Saudi Arabia from
9 December 1990 through 9 May 1991.

4.  A DD Form 214, as corrected by two DD Forms 215, dated 1 June 1992, show the applicant was ordered to active duty as a member of the USAR on
17 November 1990, was honorably released from active duty on 2 June 1991, and transferred to the 300th Supply and Services Battalion, Lafayette, IN:

   a.  At the time he had completed 6 months and 16 days of net active service this period with 5 months and 6 days of foreign service in Southwest Asia from
5 December 1990 to 10 May 1991; and

   b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Army Reserve Components Achievement Medal (3rd Oak Leaf Cluster), Army Good Conduct Medal, National Defense Service Medal (2nd Award), Overseas Service Ribbon, Armed Forces Reserve Meal, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Achievement Medal, Driver and Mechanic Badge [with "W" Bar], Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle, Grenade, (.45 caliber) Pistol, and
(.81 millimeter) Mortar Bars, Army Lapel Button, Expert Infantryman Badge, Army Commendation Medal, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal [Saudi Arabia], and one Overseas Service Bar.

5. Headquarters, VII Corps [Saudi Arabia], Special Court-Martial Order Number 4, dated 21 June 1991, shows the applicant was tried at a special court-martial.

   a.  He pled guilty and was found guilty of the charge and specifications of, on 22 March 1991, wrongfully possessing a privately owned firearm and wrongfully possessing privately owned ammunition.

   b.  He pled guilty and was found guilty of the charge and specification of, on 22 March 1991, wrongfully and unlawfully making a false statement while under lawful oath.

   c.  On 21 April 1991, he was sentenced to be reduced to the grade of E-7, to forfeit $500.00 pay, and to be reprimanded; and 

   d.  On 21 June 1991, the convening authority approved and executed the sentence.

6.  Headquarters, USAR Personnel Center, St. Louis, MO, memorandum, dated 26 November 1993, Subject:  Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), notified the applicant that he had completed the required years of service to be eligible for retired pay at age 60.

7.  Headquarters, 123rd USAR Command, Fort Benjamin Harrison, IN, Orders 016-23, dated 8 February 1994, relieved the applicant from his USAR unit of assignment on 9 February 1994, based on voluntary retirement, and assigned him to the USAR (Retired Reserve), St. Louis, MO, effective 10 February 1994.

8.  The applicant's military personnel records show he had continuous qualifying service in the USAR from 17 April 1974 through 9 February 1994.

9.  There are no orders or other evidence in the applicant's military personnel records that shows he served in an infantry MOS during Operation Desert Storm.

10  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

11.  There is no evidence the applicant was awarded the Armed Forces Reserve Medal with Bronze (10 Year) or Gold (30 Year) Device(s).

12.  Review of the applicant's records reveals he may be entitled to an additional award.  Specifically, there is no evidence the applicant was awarded the Kuwait Liberation Medal (Kuwait).


13.  The applicant provides the following documents:

   a.  in support of his request for two awards of the Army Achievement Medal:

       (1)  Headquarters, 300th Supply and Service Battalion, Lafayette, IN, Permanent Orders 3-2, dated 9 February 1987, and a DA Form 4980-18 (Army Achievement Medal) certificate, dated 9 February 1987, that awarded the applicant the Army Achievement Medal for meritorious achievement during the period 1 January to 9 February 1987; and

       (2)  DA Form 4980-18 that shows Headquarters, 300th Supply and Service Battalion [Lafayette, IN], Permanent Orders Number 8-40, dated 30 June 1990, awarded the applicant the Army Achievement Medal for meritorious achievement during the period 16 June to 30 June 1990.

   b.  in support of his request for the Combat Infantryman Badge:

       (1)  Headquarters, 3rd Armored Division [U.S. Army Europe], Special Orders Number 330, dated 26 November 1973, that awarded the applicant the Expert Infantryman Badge, effective 19 October 1973, and

       (2)  copies of his Tactical Operations Center (TOC) badge; 16 photographs showing the applicant, the TOC, Iraqi prisoners of war, and bunkers with captured weapons and ammunition; a DD Form 1150 (Request for Issue or  Turn-In), dated 22 February 1991, showing the applicant was issued four Frag Grenades and tracer ammunition; an enemy leaflet; and 10 pages of the applicant's notes outlining his actions as Operations NCO during the period
31 January to April 1991.  He also provided a copy of a classified document
(i.e., Headquarters and Headquarters Company, 300th Supply and Service Battalion, Saudi Arabia, Operation Plan Number 0004-D (Desert Shield), dated 14 February 1991), that was declassified by this Agency per U.S. Central Command Security Classification Guide 0501 on 16 December 2010.  However, none of these documents offer any evidence that the applicant served in an infantry or special forces MOS; was assigned to an infantry, ranger or special forces unit, or that he was awarded the Combat Infantryman Badge.

   c.  in support of his request for the Armed Forces Reserve Medal with Bronze and Gold Devices:

       (1)  300th Supply and Service Battalion, Operation Desert Storm, memorandum, undated, Subject:  Recreation and PT Area Proposal, that shows the applicant, a captain, and a specialist submitted a proposal to establish a place for Soldiers to exercise, relax, and recreate; and
       (2)  300th Supply and Service Battalion, Operation Desert Storm, SOP for the Standtrap County Club, dated 30 March 1991, that provides guidelines for the facility and five photographs that show Soldiers participating in physical activities.

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

	a.  The Combat Infantryman Badge may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational 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.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.

	b.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.

	    (1)  The conditions for award of the Armed Forces Reserve Medal require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces; tenure in elected state office; tenure as a member of a legislative body of the United States or a state; and service as a judge of a court of record of the United States, a state or territory, or the District of Columbia is excluded from credit toward this award, but does not constitute a break in service.  

	        (a)  The Ten-Year Device (hourglass with Roman numeral "X") is authorized for wear on the Armed Forces Reserve Medal to denote each 10-year period of Reserve Component service.

	        (b)  The first 10-year period is denoted by a bronze hourglass, the second 10-year period by a silver hourglass, and the third by a gold hourglass.  Forty years of Reserve Component service is recognized by a gold hourglass followed by a bronze hourglass.  

	    (2)  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  

	        (a)  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for award of the "M" Device.
	
	        (b)  The "M" Device will be worn on the Armed Forces Reserve Medal to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

	c.  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.

	d.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 2 June 1991 DD Form 214 should be corrected to show two awards of the Army Achievement Medal, the Combat Infantryman Badge, and Armed Forces Reserve Medal with Bronze and Gold Hour Glass Devices.

2.  The evidence of records shows:

   a.  permanent orders awarded the applicant the Army Achievement Medal for meritorious achievement during the period 1 January to 9 February 1987. 

   b.  permanent orders awarded the applicant the Army Achievement Medal for meritorious achievement during the period 16 June to 30 June 1990.

   c.  The applicant's DD Form 214 show one award of the Army Achievement Medal.  Therefore, it would be appropriate to correct his 2 June 1991 DD Form 214 to show two awards of the Army Achievement Medal.

3.  The evidence of record shows the applicant was awarded MOS 76V4O as his primary MOS on 25 January 1985 and that he served in duty MOS 76Z5O as an Operations NCO while assigned to the 300th Supply and Service Battalion and attached to Headquarters Command (Forward) in Saudi Arabia during Operation Desert Storm.

   a.  There is no evidence of record that shows the applicant served in an infantry, ranger or special forces MOS, or that he was assigned to an infantry or special forces unit during Operation Desert Storm.

   b.  There are no orders or other evidence of record that shows the applicant was awarded the Combat Infantryman Badge.

   c.  Therefore, there is no basis for awarding the applicant the badge.

4.  The evidence of record shows the applicant was authorized the Armed Forces Reserve Medal on 16 April 1984.

   a.  This award represents completion of the applicant's first 10-year period of Reserve service (i.e., from 17 April 1974 to 16 April 1984).  Thus, the evidence of record shows he is authorized to affix the bronze hourglass device to his Armed Forces Reserve Medal.

   b.  The applicant continued to serve in the USAR from 17 April 1984 through 9 February 1994.  Thus, he did not complete a second 10-year period of Reserve service to qualify for award of the silver (20-year) hourglass device.  Moreover, he did not qualify for the gold (30-year) hourglass device.

   c.  The evidence of record shows the applicant was ordered to active duty on 17 November 1990 during a mobilization or contingency designated by the Secretary of Defense.  Thus, he is authorized to affix the "M" device to his Armed Forces Reserve Medal.

   d.  Therefore, in view of the foregoing, the applicant is entitled to correction of his 2 June 1991 DD Form 214 to show the Armed Forces Reserve Medal with bronze hour glass and "M" (mobilization) devices.


5.  The evidence of record shows the applicant qualified for Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).  The applicant was awarded the Kuwait Liberation Medal (Saudi Arabia); however, his records do not show award of the Kuwait Liberation Medal (Kuwait).  Therefore, it would be appropriate to correct his 2 June 1991 DD Form 214 show the Kuwait Liberation Medal (Kuwait).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 2 June 1991 DD Form 214 the Army Achievement Medal and Armed Forces Reserve Medal, and

	b.  adding to item 13 of his 2 June 1991 DD Form 214 the Army Achievement Medal (2nd Award), Armed Forces Reserve Medal with bronze hour glass and "M" devices, and Kuwait Liberation Medal (Kuwait).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge and Armed Forces Reserve Medal with silver or gold hour glass devices.  




      _______ _   _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)                                         AR20100016141



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ABCMR Record of Proceedings (cont)                                         AR20100016141



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