IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100020584 


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:

* Award of all awards issued during Desert Shield/Desert Storm to include the Kuwait Liberation Medal and the Bronze Star Medal
* Restoration of his rank/grade to staff sergeant (SSG)/E-6
* Removal of the DA Form 4126-R (Bar to Reenlistment Certificate) from his records

2.  The applicant states he believes his SSG/E-6 was wrongly taken, he never received an Article 15, and he feels his DA Form 4126-R should be removed from his records.  He also states he was put in for a Bronze Star Medal during Desert Storm.

3.  The applicant provided no additional evidence. 

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.  Having had prior active service in the U.S. Marine Corps, the applicant's record shows he enlisted in the Regular Army on 30 November 1983 and he was awarded military occupational specialty 13B (Cannon Crewmember).  The highest rank/grade he held was SSG/E-6.  He was assigned to the 1st Battalion, 320th Field Artillery, 101st Airborne Division, at Fort Campbell, KY.

3.  On 28 December 1989, he received a letter of reprimand (LOR) from his senior commander for violating battalion and division artillery safety procedures.  The commander stated, in part, the applicant's failure to follow proper procedures for cutting and disposing of propellant charges, failure to properly emplace safety stakes, and failure to properly supervise his section was unacceptable behavior and warrants severe action.  He stated the applicant had been relieved as a section chief and he was given a rehabilitative transfer.  He directed the LOR be filed in the applicant's official military personnel file (OMPF).

4.  On 20 April 1990, he received a relief for cause DA Form 2166-7 (NCO [Noncommissioned Officer] Evaluation Report (NCOER)).  Part IV (Values/NCO Responsibilities) block f (Responsibility & Accountability) of this NCOER states "Soldier blames others for his mistakes," "Constantly making excuses," and "Informed of relief and reasons for the relief."  

5.  On 6 July 1990, his immediate commander recommended a Bar to Reenlistment Certificate be placed against the applicant.  In the recommendation, the immediate commander shows the applicant's rank/grade as sergeant (SGT)/E-5 and states that due to the applicant's failure to respond to counseling, poor leadership, inability to run his section and accomplish the mission, he had been relieved from his duties and reduced in rank for inefficiency.

6.  The bar to reenlistment recommendation memorandum lists a "Report of Reduction Board Proceedings for Inefficiency" as an enclosure.  However, the board proceedings are not available for review with this case.

7.  His chain of command recommended approval of the Bar to Reenlistment Certificate and on 25 July 1990 the approving authority approved the bar to reenlistment action and directed the remark "Not recommended for further service" be entered on the applicant's DA Form 2-1 (Personnel Qualification Record).
8.  On 31 July 1990, he acknowledged receipt of the approved DA Form 4126-R and elected not to submit an appeal.

9.  He deployed with his unit during Operation Desert Shield/Desert Storm from on or about 17 September 1990 to 11 March 1991.

10.  Orders Number 045-032, issued by Headquarters, Division Artillery, 101st Airborne Division, dated 12 June 1991, awarded the applicant the Army Commendation Medal for meritorious service from 17 September 1990 to 15 January 1991.

11.  His records do not contain orders awarding him the Bronze Star Medal.

12.  On 31 January 1992, he was honorably discharged by reason of expiration of term of service.  He completed 12 years, 2 months, and 1 day of total active service.  The DD Form 214 he was issued for this period of service shows in:

	a.  Item 4a (Grade, Rate or Rank) the entry "SGT";

	b.  Item 4b (Pay Grade) the entry "E-5";

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal (2nd Award)
* NCO Professional Development Ribbon with Numeral 2
* Overseas Service Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Sea Service Deployment Ribbon (3rd Award)
* Humanitarian Service Badge
* Navy & Marine Corps Expeditionary Medal
* Drivers Badge
* Air Assault Badge
* Army Commendation Medal


13.  Item 18 (Appointments and Reductions) of his DA Form 2-1 shows, in part, the entry SSG (Grade), 22 January 1988 (Date of Rank) and the entry SGT, 2 June 1990.  The later entry appears to be lined through.

14.  Army Regulation 600-8-104 (Military Personnel Information Management Records Program) prescribes the policies for maintaining military personnel records.  Table 6-1 states DA Form 4126-R will be filed in the Soldier's OMPF, along with the approving authority’s review, and any later review.  If voided, remove and destroy form and all documents together with the approved instrument of removal.

15.  Army Regulation 600-200 (Enlisted Personnel Management System), paragraph 6-1, in effect at the time, states field grade commanders may administratively reduce the grade of Soldiers in the grade of E-5 and E-6 for inefficiency.  A reduction board is required for Soldiers in grades E5 through E9. 

16.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Kuwait Liberation Medal (Saudi Arabia) 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 (Kuwait) 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 Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he served in Southwest Asia during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.


2.  With respect to the Bronze Star Medal, there is no evidence in the available records that show he was recommended for or awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

3.  With respect to the rank of SSG, the evidence of record indicates he was administratively reduced in June 1990 from SSG to SGT by a reduction board for inefficiency.  In the absence of evidence to the contrary, it is presumed that all requirements of law and regulation were met.  Therefore, there is no basis for granting this portion of his relief.

4.  The Army has an interest in maintaining the accuracy of its records.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  As required by the applicable regulation, the Bar to Reenlistment Certificate is properly filed in his OMPF.  There does not appear to be an error or an injustice.  Therefore, there is insufficient evidence to grant him the requested relief.

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 adding to item 13 of his DD Form 214 for the period ending 31 January 1992 the Kuwait Liberation Medal (Saudi Arabia) and the 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 award of the Bronze Star Medal, restoration of his rank to staff sergeant, and removal of the Bar to Reenlistment Certificate from his OMPF.



      ___________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)                                         AR20100020584



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ABCMR Record of Proceedings (cont)                                         AR20100020584



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