BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110019105


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 award of the Combat Infantryman Badge, Kuwait Liberation Medal, service in Operation Desert Storm, and completion of the Primary Leadership Course (PLDC) and Basic Noncommissioned Officer Course (BNCOC).

2.  The applicant states his disability claims have been denied because his Combat Infantryman Badge is not listed on his DD Form 214.

3.  The applicant did not provide any additional documentation.

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 8 December 1978.  He completed training and was awarded military occupational specialty (MOS) 11H (Heavy Anti Armor Weapons Infantryman).  He separated on 5 November 1992 and subsequently reenlisted on 28 January 1993.  

3.  His name is listed on the Gulf War Roster showing he served in Saudi Arabia/Kuwait from 15 September 1990 to 7 May 1991. 

4.  His DA Form 2-1 (Personnel Qualification Record Part II) shows in:

	a.  item 5 (Oversea Service) that he served in Germany from 20 March 1979 through 7 February 1981, Korea from 11 November 1983 through 7 November 1984, and Germany from 23 October 1987 through 27 November 1990.

	b.  item 9 (Awards, Decorations and Campaigns) shows the:

* Army Good Conduct Medal (4th Award)
* Army Achievement Medal
* Army Service Ribbon
* Oversea Service Ribbon
* Noncommissioned Officer Professional Development Ribbon with
Numeral 2
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bar 
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

	c.  item 17 (Civilian Education and Military Schools) that he completed the following Noncommissioned Officer Education System (NCOES) courses at the 7th Infantry Division Noncommissioned Officer Academy:

* Primary for 4 weeks in 1985
* Basic for 4 weeks in 1986   

5.  On 5 November 1992, the applicant was honorably discharged as a sergeant/E-5.  He had completed 13 years, 10 months, and 28 days of net active service for the period covered by the DD Form 214.

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

* Army Service Ribbon
* National Defense Service Medal


* Overseas Service Ribbon with Numeral 3
* Army Achievement Medal 
* Army Good Conduct Medal (4th Award)
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 2
* Expert Marksmanship Qualification Badge with Rifle and Hand Grenade bars
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

7.  His record contains a copy of Permanent Orders 116-032, Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 28 April 1991, showing he was awarded the Combat Infantryman Badge for the period 25-28 February 1991.
 
8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states:

	a.  item 14 (Military Education) list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

	b.   item 18 (Remarks) is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.

9.  The applicant's records and Army Regulation 600-8-22 (Military Awards) 9indicate he is eligible for awards that are not listed on his DD Form 214:

	a.  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 the:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)

	b.  The Kuwait Liberation Medal (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and it is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

	c.  The Kuwait Liberation Medal (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and it 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's record contains permanent orders awarding him the Combat Infantryman Badge.  

2.  He served during a qualifying period for award of the Southwest Asia Service Medal with 2 bronze service stars, KLM-SA and the KLM-KU.  

3.  These awards should be shown on his DD Form 214.

4.  He completed PLDC and BNCOC.  These military education courses should be added to his DD Form 214.

5.  His name is listed on the Gulf War Roster showing he served in Saudi Arabia/
Kuwait from 15 September 1990 to 7 April 1991.  His DD Form 214 should be corrected to show this service.

BOARD VOTE:

___x_____  ______x__  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:



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

* Combat Infantryman Badge
* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal – Kuwait

	b.  adding to item 14 of his DD Form 214:

* Primary Noncommissioned Officer Education System Course, 4 weeks, 1985
* Basic Noncommissioned Officer Education System Course, 4 weeks, 1986 

	c.  adding to item 18 of his DD Form 214 "SERVICE IN SAUDI ARABIA/KUWAIT FROM 900915-910407."



      __________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)                                         AR20110005669



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ABCMR Record of Proceedings (cont)                                         AR20110019105



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