IN THE CASE OF:	  

		BOARD DATE:	    31 May 2012

		DOCKET NUMBER:  AR20110021112 


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 following:

* Meritorious Unit Commendation
* Southwest Asia Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

2.  The applicant states the medals were announced after his retirement and could not have been entered on his final DD Form 214 since it was issued in September 1991.

3.  The applicant provides:

* Special Orders Number 14, Headquarters, 2d Infantry Division, dated 14 January 1970
* Permanent Orders 1-1, Headquarters, 11th Signal Brigade (Forward), dated 21 November 1990
* Bronze Star Medal Certificate, dated 16 April 1991
* Permanent Order 88-173, Headquarters, U.S. Army Forces Central Command Personnel Command, dated 21 April 1991



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 U.S. Army on 26 July 1961.  He initially trained as an infantryman and later transferred to the logistics field, where he spent the remainder of his 30-year career.  He attained the enlisted rank of master sergeant prior to being appointed as a warrant officer on 25 June 1976.  The applicant served in Vietnam, Korea, Germany, and in Southwest Asia.  He retired from active duty as a chief warrant officer four on 30 September 1991.

3.  Permanent Orders 1-1, Headquarters, 11th Signal Brigade (Forward), Dhahran, Saudi Arabia, dated 21 November 1990, show the applicant arrived in Saudi Arabia in support of Operation Desert Shield on 4 November 1990.  The Gulf War Roster shows his participation dates as 4 November 1990 through 1 June 1991.

4.  The applicant's DA Form 67-8 (Officer Evaluation Report) for the period 18 December 1989 through 17 December 1990 shows he was serving in Saudi Arabia.

5.  Permanent Order 88-173, Headquarters, U.S. Army Forces in Central Command Personnel Command, Dhahran, Saudi Arabia, dated 21 April 1991, awarded the applicant the Bronze Star Medal for exceptionally meritorious service in support of U.S. Army Forces Central Command and the Multi-National Coalition during Operation Desert Storm during the period 4 November 1990 to 1 April 1991.

6.  Permanent Order 88-173 shows the applicant was assigned to the 19th Signal Company, 11th Signal Brigade.



7.  The applicant's DD Form 214 for the period ending 30 September 1991 shows he was awarded or authorized the:

* Legion of Merit
* Bronze Star Medal
* Meritorious Service Medal (3rd Award)
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Army Good Conduct Medal (4th Award)
* Army of Occupation Medal
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Infantryman Badge
* Driver and Mechanic Badge
* two overseas service bars

8.  A review of the applicant's records shows he is entitled to additional awards.

9.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows his overseas service in addition to Germany as:

* Vietnam (25 June 1965-24 June 1966)
* Korea (4 September 1969-27 September 1970)

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his 


service in Vietnam participation credit was awarded for the following two campaigns:

* Vietnam Defense Campaign (8 March 1965-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)

11.  Army Regulation 600-8-22 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 campaigns are:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991) 
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

12.  The U.S. Army Center of Military History Force Structure and Unit History Branch website shows the 11th Signal Brigade was awarded the Meritorious Unit Commendation for the period 18 August 1990 to 28 March 1991 and Department of the Army General Orders 17, dated 19 June 1992, confirm this.

13.  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.

14.  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.

15.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Meritorious Unit Commendation, Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait) was carefully considered and determined to have merit.

2.  Records show the applicant served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 1991 to show this award.

3.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

4.  Department of the Army General Orders 17 awarded the Meritorious Unit Commendation to the unit to which the applicant was assigned during his service in Saudi Arabia.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 1991 to show this unit award.

5.  Records show the applicant served a qualifying period of service for award of Southwest Asia Service Medal with three bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 1991 to show this award with three bronze service stars rather than two bronze service stars as currently shown.

6.  Permanent Order 88-173 confirms the applicant met the qualifying period of service for award of the Kuwait Liberation Medal (Saudi Arabia).  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 1991 to show this award.

7.  Permanent Orders 1-1, the Gulf War Roster, and the applicant's 
DA Form 67-8 rendered for the period ending 17 December 1990, show he served in Saudi Arabia during a qualifying period of service for award of the Kuwait Liberation Medal (Kuwait).  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 September 1991 to show this award.

BOARD VOTE:

___X___  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  amending his DD Form 214 for the period ending 30 September 1991 to show:

* Vietnam Service Medal with two bronze service stars
* Southwest Asia Service Medal with three bronze service stars

	b.  adding the following awards to his DD Form 214 for the period ending 30 September 1991:

* Korea Defense Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Meritorious Unit Commendation



      _______ _  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)                                         AR20110021112



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021112



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1