IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002688 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 December 1991:

* New Jersey Distinguished Service Award
* Grenade launcher badge
* .50 caliber machine gun 1st Class Badge (now known as the Sharpshooter Marksmanship Qualification Badge)
* Cold War Recognition Certificate
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

2.  The applicant states he never received the Kuwait Liberation Medal - Saudi Arabia or the Kuwait Liberation Medal - Government of Kuwait.

3.  The applicant provides:

* his DD Form 214
* NGB Form 22 (National Guard Bureau Report of Separation and Record of Service)
* scorecard for the 40mm grenade launcher
* scorecard for the .50 caliber machine gun


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.  Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the fiscal year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorable served the United States any time during the Cold War era, which is defined as 
2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed further in these Proceedings.

3.  He enlisted in the Regular Army on 18 August 1987.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

4.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in:

* Korea from 8 December 1987 to 7 December 1988
* Saudi Arabia from 8 September 1990 to 31 March 1991

5.  On 20 December 1991, he was released from active duty.  He completed 
4 years, 4 months, and 3 days of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* Army Good Conduct Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* National Defense Service Medal
* Driver and Mechanic Badge
* Southwest Asia Service Medal with 2 bronze service stars
* Combat Infantryman Badge
* Army Commendation Medal
* Army Achievement Medal

6.  He served in the New Jersey Army National Guard (NJARNG) from 
9 September 1993 to 18 January 1995 and from 21 September 1997 to 
20 September 1999.

7.  The scorecard for the .50 caliber machine gun shows his qualification as 1st class.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  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.

	c.  The Kuwait Liberation Medal - Government of 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.


DISCUSSION AND CONCLUSIONS:

1.  He enlisted in the NJARNG 21 months after he was released from the Regular Army.  State awards are not listed on a member's DD Form 214.  Therefore, for these two reasons his New Jersey Distinguished Service Medal will not be added to his DD Form 214.

2.  Based on his service in Korea he is authorized the Korea Defense Service Medal.

3.  Based on his service in Saudi Arabia he is authorized the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Government of Kuwait.

4.  The scorecard shows his classification as 1st class for the .50 caliber machine gun.  Therefore, he is entitled to add the Machine Gun Bar to his Sharpshooter Marksmanship Qualification Badge.

5.  The Marksman Marksmanship Qualification Badge with Grenade Bar is already listed in item 13 of his DD Form 214.  Therefore, there is no correction to be made.

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 and item 13 of his DD Form 214 to include the:

* Korea Defense Service Medal
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars
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 the New Jersey Distinguished Service Medal.




      _______ _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)                                         AR20110002688



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ABCMR Record of Proceedings (cont)                                         AR20110002688



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