IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110012879 


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 in:

   a.  Item 4a (Grade, Rate, or Rank) corporal (CPL) vice specialist (SPC); and 
   
   b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

   (1)  campaigns (bronze service stars) for Southwest Asia; and 
   
   (2)  Combat Infantryman Badge (CIB).
	
2.  He states, in effect:

   a.  his rank is incorrect due to an oversight because he was promoted while he served in Southwest Asia;
   
   b.  he is entitled to award of the CIB due to the following entry in item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 not "CIB def of Kuwait;" and 
      
   c.  the bronze service stars were awarded after he was discharged.



3.  He provides:

* his DA Form 2A (Personnel Qualification Record (PQR), Part I)
* a DA Form 4187 (Personnel Action)
* Page 1 of his DA Form 2-1 (PQR - Part II)

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's record shows he enlisted in the Regular Army on 14 October 1987.

3.  Section II (Qualification Data) of his DA Form 2A, prepared 20 November 1991, shows in:

* Item 1 (Grade/Code) specialist (SP4)
* Item 2 (Date of Rank) 1 December 1989
* Item 4 (Primary Military Occupational Specialty (MOS)) 63T1OH8
* Item 15 (Promotion Indicator) he held a promotable status to sergeant (SGT) 
* Item 19 (Duty MOS) 63T1O 

4.  His DA Form 2-1 (PQR, Part II) shows in:

   a.  Item 5 (Overseas Service) he served in Saudi Arabia from 16 October 1990 to 9 June 1991;
      
   b.  Item 6 (Military Occupational Specialties) does not list an MOS;
      
   c.  Item 9 (Awards, Decorations, and Campaigns) he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), 2nd Class (correctly known as marksman) Marksmanship Qualification Badge with Hand Grenade Bar, Army Good Conduct Medal (1st award), Army Achievement Medal (1st award), National Defense Service Medal, Southwest Asia Service Medal, Southwest Asia Service Medal with one bronze service star, and Southwest Asia Service Medal with two bronze service stars; 

   d.  Item 9 also contains the annotation "CMP def of SWA/Lib Def of Kuwait" indicating participation in the following campaigns:
   
* Defense of Southwest Asia
* Liberation and Defense of Kuwait
             
	e.  Item 17 (Civilian Education and Military Schools) he completed the 63T (Bradley Fighting Vehicle System Mechanic) course in 1988; 

   f.  Item 18 (Appointments and Reductions) he was advanced to SPC effective 1 December 1989 and there is no indication he was laterally appointed to CPL; and 
   
   g.  Item 35 (Record of Assignments) his duty MOS was 63T1O and no indication he ever worked in a SGT (skill level 2) position.

5.  He submitted a DA Form 4187, dated 8 November 1991, which shows his grade as CPL and his MOS as 63T1O.

6.  He submitted a certificate, dated 14 May 1991, which was issued by the Headquarters, XVIII Airborne Corps, Saudi Arabia, which shows his grade as CPL.

7.  On 20 December 1991, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows in:

	a.  Item 4a the entry "SPC";
	
	b.  Item 11 (Primary Specialty) lists the entry "63T1O Bradley Fighting Vehicle System Mechanic"; and

	c.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal with 1st oak leaf cluster, Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Lapel Button, Southwest Asia Service Medal with two bronze service stars.
8.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states in paragraph 7-11c that an SPC will be appointed to CPL when the Soldier is assigned and works in a SGT position.  The position must be the Soldier’s primary MOS or career progression MOS. This includes SPC who cannot otherwise be promoted when they do not meet the time in service requirement, or were not considered for promotion.  Soldiers will normally retain the grade of CPL and perform the duties of an NCO; however, the appointment authority may laterally appoint CPL to SPC without the individual’s consent for demonstrated inefficiency in technical, supervisory or other requirements of the MOS.  

9.  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 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:

* 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)

10.  Army Regulation 600-8-22 states 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 the Persian Gulf War between 17 January 1991 and 28 February 1991.

11.  Army Regulation 600-8-22 states the Kuwait Liberation Medal 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.

12.  Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

DISCUSSION AND CONCLUSIONS:

1.  Item 9 of the applicant's DA Form 2-1 actually indicates his participation in the following campaigns:  Defense of Southwest Asia/Liberation of Kuwait) not "CIB def of Kuwait."  In addition, there is no evidence that shows he held and served in an infantry MOS while assigned to an infantry unit or that he personally engaged in active ground combat while serving with an infantry unit.  Therefore, he is not entitled to award of the CIB.

2.  Item 13 of the applicant's DD Form 214 shows he participated in two campaigns in support of Operation Desert Storm.  However, evidence of record shows he actually participated in three campaigns in support of Operation Desert Shield/Desert Storm from 16 October 1990 through 9 June 1991.  Therefore, he is entitled to have item 13 of his DD Form 214 corrected to show award of three bronze service stars on his already awarded Southwest Asia Service Medal.  

3.  His service in Southwest Asia also qualifies him for award of the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  Although he submitted evidence that indicates he was a CPL prior to the date of his separation, evidence of record shows that on the date of his separation he was a SPC.  In addition, there is no supporting documentation in his record that shows he ever served in a SGT position or was laterally appointed to CPL.  Therefore, he is not entitled to correction of his DD Form 214 to show his rank/grade as CPL at the time of his separation.

5.  Item 24 of his DA Form 2-1 shows he was awarded the Marksman Marksmanship Qualification Badge with Hand Grenade Bar.  Therefore, he is entitled to have his DD Form corrected to show this badge.  

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.  deleting from item 13 of his DD Form 214 the entry " Southwest Asia Service Medal with two bronze service stars"; and
	b.  adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Marksman Marksmanship Qualification Badge with Hand Grenade Bar. 

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 correcting the following items of his DD Form 214 to show corporal (CPL) in item 4 and to show award of the Combat Infantryman Badge in item 13.



      _______ _   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)                                         AR20110012879



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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