BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100018612 


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) ending 31 August 1994 to show his awards of the Valorous Unit Award (VUA), Kuwait Liberation Medal-Kuwait (KLM-KU), and Korea Defense Service Medal (KDSM).

2.  The applicant states the VUA, KDSM, and KLM-KU were not entered on his final DD Form 214.

3.  The applicant provides copies of orders issued in 1974 promoting him to sergeant and orders issued in 1991 awarding him the Bronze Star Medal with 1st Oak Leaf Cluster.

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.  On or about 6 June 1971, the applicant enlisted in the Regular Army.  He served through a series of reenlistments attaining the rank of command sergeant major/pay grade E-9 on 1 July 1989.  On 31 August 1994, he retired due to sufficient service.

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

	a.  in item 5 (Overseas Service) that he completed three overseas tours of duty (Republic of Vietnam-1971, Republic of Korea-1974, and Germany-1985);

	b.  in item 5 that he served on temporary duty in Saudi Arabia for 5 months from 25 December 1990 to 10 May 1991; and

	c.  in item 35 (Record of Assignments) [beginning 21 March 1974] that he served as the Battalion CSM of the 4th Battalion, 8th Cavalry Regiment, 3rd Armored Division, from 25 August 1988 to 8 October 1991.

4.  The applicant's DD Form 214 ending 31 August 1994 shows the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Legion of Merit
* Bronze Star Medal with 1st Oak Leaf Cluster
* Meritorious Service Medal with 2nd Oak Leaf Cluster
* Air Medal
* Army Commendation Medal
* Army Achievement Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with three bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal
* Southwest Asia Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars
* Combat Infantryman Badge
* Driver and Mechanic Badge with Driver-W Bar


* Drill Sergeant Identification Badge
* Kuwait Liberation Medal

5.  A review of approved unit awards maintained by the Military Awards Branch, U.S. Army Human Resources Command, Fort Knox, Kentucky, failed to show any award of the VUA for the 4th Battalion, 8th Cavalry Regiment, 3rd Armored Division, during the time of the applicant's assignment.

6.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  for award of the KDSM.  The KDSM was authorized by section 543, National Defense Authorization Act, 2003.  It 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 Republic of Korea.  The area of eligibility and the period of eligibility are as follows:  (a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; (b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; or (c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days;

	b.  for award of the Kuwait Liberation Medal-Saudi Arabia (KLM-SA).  It 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.  for award of the KLM-KU.  It 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.  for award of the VUA for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual; and

	e.  for award of the Overseas Service Ribbon (OSR) for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the OSR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 ending 31 August 1994 should be corrected to show award of the VUA, KLM-KU, and KDSM.

2.  The evidence of record clearly shows the applicant served a qualifying tour of duty in the Republic of Korea for award of the KDSM.  Therefore, this award should be shown on his DD Form 214.

3.  The evidence of record clearly shows the applicant served during a qualifying period for award of the KLM-SA and the KLM-KU.  Therefore, these two foreign awards should be shown on his DD Form 214.

4.  The evidence of record clearly shows the applicant completed three overseas tours of duty.  Therefore his DD Form 214 should show the OSR with Numeral 3.

5.  There is no available evidence showing the applicant served with a unit in the Republic of Vietnam or in the Middle East at the time such unit was awarded the VUA.  Accordingly, this portion of his request should be denied.

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 that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the OSR with Numeral 2 and Kuwait Liberation Medal from his DD Form 214 ending 31 August 1994 and

	b.  adding the KDSM, KLM-SA, KLM-KU, and OSR with Numeral 3 to his DD Form 214 ending 31 August 1994.

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 VUA.



      __________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)                                         AR20100018612



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ABCMR Record of Proceedings (cont)                                         AR20100018612



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