IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100016447
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) effective 3 March 1992 to show award of the Combat Action Badge and the Kuwait Liberation Medals for Kuwait and Saudi Arabia.
2. The applicant states the awards were mistakenly omitted.
3. The applicant provides a copy of his DD Form 214 effective 3 March 1992 and his DD Form 215 (Correction to DD Form 214), dated 23 February 1993.
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's records show he enlisted in the Regular Army on 1 March 1989 and held military occupational specialty 62E (Construction Equipment Operator). He was honorably released from active duty in the rank/grade of specialist/E-4 on 3 March 1992 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.
4. On 23 February 1993, he was issued a DD Form 215 that deleted the Southwest Asia Service Medal with two bronze service stars from item 13 of his DD Form 214 and added the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal, and one overseas service bar. In addition, "SERVED IN SWA FROM 910104 TO 910817" was added to item 18 (Remarks).
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
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 requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 effective 3 March 1992 to show award of the Combat Action Badge and Kuwait Liberation Medals for Kuwait and Saudi Arabia.
2. The evidence of record confirms he was deployed to Southwest Asia during a qualifying period for award of both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait. Therefore, his record should be corrected to show these foreign awards.
3. Award of the Combat Action Badge is authorized for Soldiers who serve in a combat zone or imminent danger area from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. The record shows he served in Southwest Asia from 4 January 1991 to 17 August 1991; therefore, he is not authorized the award of the Combat Action Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends the applicant's DD Form 214 be corrected by:
a. deleting the Kuwait Liberation Medal from item 13 and
b. adding the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait to item 13.
2. The Board further determined 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 award of the Combat Action Badge.
__________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) AR20100016447
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