IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100029430 


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 with one bronze service star, Humanitarian Service Medal, Kuwait Liberation Medal, Botswana Parachutist Badge, and SSI-FWTS (shoulder sleeve insignia-former wartime service) Southern European Task Force ("SETAF") patch.  He also requests addition of the Combat Lifesaver Course and cross-training in the military occupational specialty (MOS) of 11C (indirect fire infantryman) to the military education section of his DD Form 214.

2.  The applicant states these awards and decorations are not listed on his DD Form 214 and he has proof of service for the unit he was in when they were awarded to him.  He adds that he was in Operation Provide Comfort in Northern Iraq from approximately April to July 1991, while assigned to 3rd Battalion, 325th Airborne Infantry.  He further states that he cross-trained as an 11C.

3.  The applicant provides two Standard Forms (SF) 600 (Chronological Record of Medical Care); letter, subject: Documentation Combat Jump - Northern Iraq, RE: Applicant's Name; Provide Comfort related certificate; Biography page; Headquarters, 3d Battalion, 325th Infantry memorandum, subject: Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS) for Operation Provide Comfort (OPC) with attached list; a Fresno Bee newspaper article; DA Form 1306 (Statement of Jump and Loading Manifest); DA Form 87 (Certificate of Training); and an Army Commendation Medal Certificate.   



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.  His military records show he enlisted in the Regular Army on 17 July 1990.  He completed initial entry training and was awarded the MOS of 11B (infantryman).  

3.  He was honorably released from active duty on 14 August 1994.  He completed a total of 4 years and 28 days of creditable active service.

4.  He enlisted in the Army National Guard on 15 August 1994 and was honorably discharged on 15 August 1999.  The highest rank/grade he attained was corporal/E-4.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Parachutist Badge, Overseas Service Ribbon, Air Assault Badge, Army Commendation Medal, Expert Infantryman Badge, Army Good Conduct Medal, Spanish Armed Forces Parachute Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  His records show he parachuted into Northern Iraq on 7 June 1991 in support of Operation Provide Comfort.

7.  He provided an SF 600 showing the results of his redeployment medical evaluation from Southwest Asia, dated 19 July 1991.

8.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War.  This list contains the applicant's name and shows he served in the Persian Gulf War during the period 26 April to 31 July 1991.

9.  A DA Form 1306 shows he parachuted into Botswana, Africa on 29 January 1992.

10.  He provided a DA Form 87 showing he successfully completed the Combat Lifesaver Course during the period 20 April to 24 April 1992, a 40 hour course.  This course is not listed in item 14 (Military Education) of his DD Form 214.

11.  There is no evidence in his records of formal 11C MOS training. 

12.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

13.  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 Operation Desert Storm between 17 January 1991 and 28 February 1991.

14.  The Kuwait Liberation Medal-Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

15.  Army Regulation 600-8-22 states the Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.
16.  The list of approved operations for award of the Humanitarian Service Medal lists Task Force Provide Comfort (5 April - 14 June 1991 Iraq/Turkey) and Task Force Provide Comfort-II (15 June 1991- 15 April 1992 Iraq/Turkey).

17.  Army Regulation 600-8-22 states that qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.  Commanders serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D.

18.  Army Regulation 635-5 (Separation Documents) states that for military education entries in item 14 to list in-service training courses by title, number of weeks, and the year successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates he served in the Persian Gulf War in a designated area during a qualifying time period to be authorized the Southwest Asia Service Medal and that he participated in one campaign.  Therefore, he is entitled to the Southwest Asia Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

2.  While he served in Iraq, he did not participate in Operation Desert Storm.  Therefore, he did not complete a qualifying period of service for the Kuwait Liberation Medal and is not entitled to correction of his DD Form 214 to show this award.

3.  Evidence indicates he served in support of Operation Provide Comfort during a qualifying time period to be authorized the Humanitarian Service Medal.  As such, it would be appropriate to add this award to his DD Form 214.

4.  Evidence shows he completed a parachute jump into Botswana.  However, there is no evidence the military department of the host country awarded him the Botswana Parachutist Badge or that he was authorized to accept, retain, and wear this badge by proper authority.  As such, there is no basis to support adding this award to his DD Form 214.

5.  Regulatory policy does not provide for entry of uniform wear items such as the SSI-FWTS "SETAF" patch on a DD Form 214.  As such, there is no basis for adding this patch to his DD Form 214.

6.  A DA Form 87 shows he completed the 1 week Combat Lifesavers in April 1992.  As such, it would be appropriate to add this training to item 14 (Military Education) of his DD Form 214.

7.  There is no evidence of his completing 11C cross-training.  However, even if there was, only in-service (full-time attendance) training for noncombat-related courses is authorized to be entered on the DD Form 214.  Therefore, there is no basis for adding 11C training to his DD Form 214.

8.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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.  adding the Southwest Asia Service Medal with one bronze service star and the Humanitarian Service Medal to item 13 of this DD Form 214; and

	b.  adding the entry, "Combat Lifesaver Course, 1 week, 1992" to item 14 of his DD Form 214.

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 denial of so much of the application that pertains to adding the Kuwait Liberation Medal, Botswana Parachutist Badge, SSI-FWTS "SETAF" patch, and 11C cross-training to his DD Form 214.




      _______ _  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)                                         AR20100029430



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029430



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1