IN THE CASE OF:	

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110010095 


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 all of the awards he earned during his service.

2.  He states, in effect, he has the French Forces Commando Badge, German Schuetzenschnur (German Armed Forces badge for weapons proficiency) in silver, and the "Allied Mobile Force (AMF) Badge."  He further states he served with the 1st Engineer Battalion, 1st Infantry Division during Operation Desert Storm and he would like the Valorous Unit Award, Kuwait Liberation Medal (Government of Kuwait) and the Kuwait Liberation Medal (Government of Saudi Arabia).

3.  The applicant provides:

* Orders 37-02, issued by 1st Personnel Command, dated 19 February 1991
* U.S. Army Human Resources Command (USAHRC) Military Awards Branch web site printout for the Valorous Unit Award
* excerpts from Army Regulation 600-8-22 (Military Awards) for the Kuwait Liberation Medal - Government of Saudi Arabia and Kuwait
* Headquarters, 1st Personnel Command memorandum, subject:  Award of Foreign Badge, dated 23 July 1990, authorizing him to accept and wear the French Armed Forces Commando Badge
* 
A German award certificate for the German Schuetzenschnur in Silver
* An Arctic Certificate showing he participated in exercise Array Encounter from 18-28 February 1990 in an AMF unit
* His 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.  The applicant enlisted in the Regular Army on 12 September 1989.  He completed training and he was awarded military occupational specialty
12B (Combat Engineer).

3.  Headquarters, 1st Personnel Command memorandum, dated 23 July 1990, authorized the applicant to accept and wear the French Forces Commando Badge that was awarded to him on 12 July 1990.

4.  Orders 37-02, dated 19 February 1991, directed his release from Headquarters and Headquarters Company (HHC), 1st Infantry Division Replacement Section and assignment to HHC, 1st Engineer Battalion, effective 19 February 1991 for service in Southwest Asia.

5.  On 11 October 1991, he was honorably released from active duty at the expiration of his term of service in the rank/grade of private first class (PFC)/E-3. He completed 2 years and 1 month of creditable active service.  The DD Form 214 he was issued at the time shows in:

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

* Army Service Ribbon
* National Defense Service Medal
* 
Overseas Service Ribbon
* Southwest Asia Service Medal with one bronze service star
* Army Achievement Medal (2nd award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

* Item 18 (Remarks) he served in Southwest Asia from 14 February 1991 to 1 May 1991

6.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification statement that would have precluded him from being awarded the first award of the Army Good Conduct Medal (AGCM).

7.  He provided an undated German award certificate that shows, in effect, he was awarded the "Schuetzenschnur acquired in silver for good performance in shooting."  There is no evidence of record that shows he was granted authorization to accept and wear this foreign badge.

8.  He also provided a USAHRC Military Awards Branch web site printout which confirms HHC, 1st Engineer Battalion was awarded the Valorous Unit Award for the period 24 February - 26 March 1991 by Department of the Army General Order Number 27, dated 27 December 1994.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Kuwait Liberation Medal - Saudi Arabia awarded by the Government 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.  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 (Foreign Badges).  This authority may be further delegated to commanders charged with the custody of military personnel record files.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge.  Any foreign badges not listed in Appendix D will be forwarded to Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122, for approval.

	d.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

10.  Army Regulation 600-8-22 does not show the "Allied Mobile Forces Badge" as an authorized award.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 confirms he served in Southwest Asia from
14 February 1991 to 1 May 1991 and was awarded the Southwest Asia Service Medal with one bronze service star.  Therefore, he is entitled to correction of his DD Form 214 to show the Kuwait Liberation Medals issued by the Governments of Saudi Arabia and Kuwait.

2.  Evidence shows he was awarded the French Forces Commando Badge on 
12 July 1990 and that he was granted authorization to accept and wear this foreign badge.  Therefore, he his DD Form 214 should be corrected to show this foreign badge.

3.  Orders show he was reassigned to HHC, 1st Engineer Battalion effective 
19 February 1991 and the USAHRC Military Awards Branch data base confirms this unit was awarded the Valorous Unit Award for the period 24 February -
26 March 1991.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant was honorably released from active duty after completing
2 years and 1 month of creditable active service.  His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good conduct Medal (1st Award) for the period 12 September 1989 through 11 October 1991 and to correct his DD Form 214 to show this award.

5.  He provided an undated certificate that suggests he was awarded the German Schuetzenschnur in silver; however, there is no evidence of record and he did not provide any evidence showing he was granted authorization to accept and wear this foreign badge.  The certificate provided by the applicant alone is insufficient evidence in which to base correcting his DD Form 214 to show this foreign badge.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

6.  Although the German Schuetzenschnur in listed in Army Regulation 600-8-22, Appendix D, the applicant is advised to submit a request to USAHRC for authorization to accept and wear this foreign badge.  If approval is granted he may submit another request to this Board for consideration.

7.  An Allied Mobile Forces badge is not recognized in Army Regulation
600-8-22.  Therefore, there is no basis for adding this badge to his DD Form 214.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
12 September 1989 through 11 October 1991; and

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait
* Valorous Unit Award
* French Forces Commando Badge

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 adding the German Schuetzenschnur in silver and the Allied Mobile Forces Badge 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)                                         AR20110010095



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ABCMR Record of Proceedings (cont)                                         AR20110010095



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