BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110014039 


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):

* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
* Overseas Service Ribbon
* National Defense Service Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Achievement Medal
* Armed Forces Reserve Medal

2.  The applicant states his awards were not added to his DD Form 214 because he filed a complaint of racism against his company commander.

3.  The applicant provides no evidence.

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 prior U.S. Army Reserve (USAR) enlisted service, the applicant enlisted in the Michigan Army National Guard (MIARNG) on 12 September 1990.  He held military occupational specialty 95B (Military Police).  The highest rank/grade he held was specialist four (SP4)/E-4.

3.  On 12 July 1991, he was ordered to active duty under the provisions of
Title 10, U.S. Code, section 672 (renumbered section 12301) in support of Operation Desert Shield/Desert Storm.  He served in Southwest Asia from 21 July 1991 to
14 November 1991.  He was assigned to the 210th Military Police Battalion.

4.  On 22 January 1992, he was honorably released from active duty at the expiration of his term of service and reverted to his MIARNG unit.  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
* Southwest Asia Service Medal with 1 bronze service star
* Expert Marksmanship Qualification Badge with Pistol Bar (9mm)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

5.  His military records do not contain any official orders awarding him the Army Achievement Medal.  Additionally, item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows the same awards as currently shown on his DD Form 214 for the period ending 22 January 1992, except for the Expert Marksmanship Qualification Badge with Pistol Bar (9mm).

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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;


	b.  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;

	c.  the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of normal overseas tours.  The award may be also awarded to Soldiers deployed to isolated areas where tour lengths have not been established by the Department of Defense.  Soldiers must serve a minimum of 11 cumulative months or 9 months in a continuous status in a temporary change of station/temporary duty (TCS/TDY) status area where tour lengths have not been established.

	d.  the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  It states Executive Order 12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.  Members of other than the Selected Reserve who were called to active duty will also be eligible.

	e.  basic marksmanship qualification badges are awarded to indicate the degree – Expert, Sharpshooter, and 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 has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Award of marksmanship badges is not permanent.  Paragraph 1-31c(11) states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired;

	f.  the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and

	g.  the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components (RC) of the Armed Forces of the United States for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Title 10, U.S. Code, section 12301(a), 12302, 12304, or 12406.  The member must have volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code., section 101(a)(13).  This section defines the term "contingency operation" as a military operation that:

		(1)  is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or

		(2)  results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of this title, chapter 15 of this title, or any other provision of law during a war or during a national emergency declared by the President or Congress.

7.  Army Regulation 600-8-22 further states the “M” Device is authorized for wear on the AFRM by members of the RC who are called or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the Secretary of Defense, as defined in 10 USC 101(A)(13).

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Kuwait Liberation Medal (Kuwait), the applicant served in Southeast Asia from 21 July 1991 to 14 November 1991.  This period qualifies him for this award.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The Armed Forces Reserve Medal is awarded to RC Soldiers who on or after 1 August 1990 served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense.  The applicant was mobilized in support of Operation Desert Shield/Desert Storm; therefore, he is entitled to the Armed Forces Reserve Medal with "M" Device and correction of his DD Form 214 to show this award.


3.  With respect to the Kuwait Liberation Medal (Saudi Arabia), the applicant served in Southeast Asia from 21 July 1991 through 14 November 1991.  This period does not qualify him for this award.  Therefore, there is no basis for granting this portion of his request.

4.  A second or subsequent award of the National Defense Service Medal is authorized for Soldiers who served in more than one of the four time periods listed as qualifying for this award.  The applicant served during only one qualifying period of time.  As such, he is only entitled to one award of the National Defense Service Medal.  Therefore, there is no basis for granting this portion of his request.

5.  The applicant did not complete a qualifying period of overseas service for entitlement to the Overseas Service Ribbon.  Therefore, there is no basis for granting this portion of his request.

6.  There is no evidence of record and the applicant did not provide any evidence that he qualified expert with the M-16 rifle.  Therefore, there is no basis for granting this portion of his request.

7.  With respect to the Army Achievement Medal, the governing Army regulation states that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  There is no evidence of record and he did not provide any evidence that he was recommended for or awarded the Army Achievement Medal.  In the absence of official orders, there is an insufficient evidentiary basis for granting this portion of his request.

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 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 adding to item 13 of his DD Form 214 for the period ending 22 January 1992 the:

* Kuwait Liberation Medal (Kuwait)
* Armed Forces Reserve Medal with "M" Device

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 his DD Form 214 to show the:

* Army Achievement Medal
* National Defense Service Medal (2nd Award)
* Kuwait Liberation Medal (Saudi Arabia)
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      __________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)                                         AR20110014039



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ABCMR Record of Proceedings (cont)                                         AR20110014039



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