IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100025172 


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 the Southwest Asia Service Medal, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and a "Combat Medal" [by which he apparently means the Combat Action Badge].

2.  The applicant states he served in an imminent danger area and in actual combat.  His unit, 3rd Battalion, 17th Field Artillery, 210th Brigade, was in the combat zone from 17 January until May 1991.  The Department of Veterans Affairs is denying him benefits for injuries incurred in the combat zone.

3.  The applicant provides copies of a letter from the U.S. Army Human Resources Command and page 3 of his DA Form 2-1 (Personnel Qualification Record – Part II).

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

Counsel provides nothing in support of this request.

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 enlisted in the Regular Army on 9 September 1987.  He completed training as an artilleryman and was stationed in Germany.  He progressed normally and was advanced to specialist (E-4) on 1 December 1989.  On 30 May 1991, he returned to the United States for separation from active duty.

3.  His DA Form 2-1 shows:

* in item 5 (Overseas Service) – service in a temporary duty status in Southwest Asia from 15 December 1990 to 28 April 1991
* in item 9 (Awards, Decorations, and Campaigns) – Army Service Ribbon, National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Grenade Bar
* in item 27 (Remarks) – assigned to imminent danger pay area 901215-910428 Southwest Asia
* no evidence of any misconduct or reduction in rank

4.  The applicant was separated from active duty on 21 June 1991.  His DD Form 214 shows:

* in item 13 (Decorations, Medals, Citations, and Campaign Ribbons Awarded or Authorized) – Army Service Ribbon, Overseas Service Ribbon, National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Grenade Bar
* in item 18 (Remarks) – service in Southwest Asia 901215-910428
* in item 12h (Effective Date of Pay Grade) - SEE BLOCK 18

5.  A DD Form 215 (Correction to DD Form 214) was issued on 2 November 1992.  It added the applicant's date of rank as a specialist of 1 December 1989 to item 18 and added the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal to item 13.

6.  Another DD Form 215 was issued on 2 July 1999.  It added the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait to item 13.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 qualifies for the Army Good Conduct Medal.

	b.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), Liberation and Defense of Kuwait (17 January to 11 April 1991), and Cease-Fire Campaign (12 April 1991 to 30 November 1995).

	c.  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 wants his awards brought up to date and he requests award of the Combat Action Badge.

2.  The Combat Action Badge is not authorized prior to 18 September 2001.

3.  The applicant served 3 years, 9 months, and 13 days without a discreditable incident of record.  There is no available evidence that he was disqualified for the Army Good Conduct Medal.  It should be awarded at this time.

4.  The applicant served in Southwest Asia during three designated campaign periods and is entitled to wear three bronze service stars on his Southwest Asia Service Medal.  He is also authorized both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.

5.  Item 12h of his DD Form 214 should be directed to show his effective date of promotion as "891201."

6.  Both DD Forms 215 are in error and should be voided.  The first because it did not list the Kuwait Liberation Medal properly and the second because it states two campaign stars vice three for wear on the Southwest Asia Service Medal.

7.  It would be appropriate to rectify these errors by correcting the applicant's records as recommended below.

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.  awarding him the Army Good Conduct Medal 1st award for the period 
9 September 1987 through 8 September 1990;

	b.  voiding the applicant's current DD Form 214 and the two erroneous DD Forms 215; and

   c.  issuing him a new DD Form 214 showing in item 13 that his authorized awards are the Army Good Conduct Medal, National Defense Service Medal, Southwest Asia Service Medal with three bronze service stars, Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar; and adding to item 18 the entry "Item 12h 891201."


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 awarding him 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)                                         AR20100025172



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ABCMR Record of Proceedings (cont)                                         AR20100025172



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