IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003668 


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 the:

* Bronze Star Medal
* Purple Heart
* Cold War Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  He also requests issuance of the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Southwest Asia Service Medal
* Kuwait Liberation Medal (KLM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

3.  He states he was never awarded the Bronze Star Medal and Purple Heart when he was injured in the Persian Gulf War in 1991 while under enemy fire.  The 5th Engineer Battalion had some racial problems and they forgot to turn his awards in at the time.  He is 60-percent, almost 100-percent, disabled due to the injuries he received in the Persian Gulf War.

4.  He also states he never received any of his awards when he was in the military even though they are listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

5.  He provides copies of his:

* Certificate of Birth
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DD Form 214

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.  With respect to the Bronze Star Medal, based upon his application, the evidence of record, and the accompanying supporting documents he submits, it does not appear he was recommended for or awarded the Bronze Star Medal.

	a.  The governing law and regulations place time limitations on submission of award recommendations.  Absent any evidence of record or independent evidence provided by the applicant that shows he was recommended for or was awarded the Bronze Star Medal by proper award authority, his request exceeds these statutory and regulatory time limitations.

	b.  However, Title 10, U.S. Code, section 1130, allows the Service Secretary concerned to review a proposal for the award of or upgrading of a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under section 1130 of this title, he must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting 
recognition must accompany the DA Form 638.  In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  Title 10, U.S. Code, section 1130, also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, he must submit his request through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command (AHRC), ATTN:  SGS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	d.  If the applicant chooses to pursue the Bronze Star Medal by submitting a request under the provisions of section 1130 of this title and his request is subsequently denied by AHRC, he may reapply to the ABCMR.  Therefore, his request for the Bronze Star Medal will not be discussed further in this Record of Proceedings.

3.  With respect to award of the Cold War Medal, properly known as the Cold War Recognition Certificate, the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) 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 award of the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime 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 Commander, AHRC, Cold War Recognition, ATTN:  AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Based on this information, his request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

4.  The applicant's military records show he enlisted in the Regular Army on 2 October 1989.  He completed training and was awarded military occupational specialty 76Y (Unit Supply Specialist).  He served in Southwest Asia (Saudi Arabia) from 24 October 1990 through 18 April 1991 during three campaigns.

5.  He was honorably released from active duty in pay grade E-4 on 24 August 1993 for early separation to further education and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was credited with completing 3 years, 10 months, and 23 days of active service.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Army Service Ribbon
* Southwest Asia Service Medal
* KLM
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  There is no evidence in his record showing he was wounded during his period of service in the Gulf War.  There are no official orders in his military personnel records authorizing him award of the Purple Heart.

8.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not list the Purple Heart or Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 9 does show he was awarded the Southwest Asia Service Medal with three bronze service stars and the KLM-Saudi Arabia (KLM-SA).

9.  He was honorably discharged from the USAR on 16 September 1997.

10.  Army Regulation 600-8-22 states the Purple Heart is awarded for an injury or wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 also sets forth requirements for award of basic marksmanship qualification badges.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, or Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

12.  Army Regulation 600-8-22 states that service in the Persian Gulf War is recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 through 16 January 1991), Liberation and Defense of Kuwait (17 January through 11 April 1991), and Southwest Asia Cease-Fire (12 April 1991 through 30 November 1995) campaigns.

13.  Army Regulation 600-8-22 states the KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

14.  Army Regulation 600-8-22 states the KLM awarded by the Government of Kuwait (KLM-KU) 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.  The applicant contends he was awarded the Purple Heart for injuries he received while serving in the Gulf War.  In order to support award of the Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  He provides no evidence and there is no evidence of record to show he was wounded or injured as a result of hostile action during his period of service in the Gulf War.

3.  Absent corroborating evidence confirming his contention (such as his service medical records, which he should be able to obtain from the Department of Veterans Affairs), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, he is not entitled to award of the Purple Heart.

4.  There is no evidence of record and he provides none to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is also not entitled to this award and its addition to his DD Form 214.

5.  The evidence of record shows he served in three campaigns during his deployment to Southwest Asia and was awarded the Southwest Asia Service Medal with three bronze service stars.  Based on this service he is also entitled to award of the KLM-SA and KLM-KU.   Therefore, he is entitled to a correction of his DD Form 214 to reflect these awards.
6.  In view of the foregoing, his records should be corrected 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:

* deleting the Southwest Asia Service Medal and KLM from item 13 of his DD Form 214
* adding the following awards to item 13 of his DD Form 214:

* Southwest Asia Service Medal with three bronze service stars
* KLM-SA
* KLM-KU

* issuing him the Southwest Asia Service Medal with three bronze service stars, KLM-SA, and KLM-KU in addition to all awards shown on his DD Form 214

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 Purple Heart and Expert 

Marksmanship Qualification Badge with Rifle Bar (M-16) and their addition 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)                                         AR20110003668



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