IN THE CASE OF:	   

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110022263 


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 the:

* Two awards of the Army Achievement Medal
* Army Commendation Medal
* Southwest Asia Service Medal
* Kuwait Liberation Medal
* Drivers Badge

2.  The applicant states, in effect, he earned the requested awards. 

3.  The applicant provides:

* DD Form 214.
* Three DA Forms 638 (Recommendation for Award) and certificates showing award of the Army Commendation Medal and two awards of the Army Achievement Medal
* Permanent Orders 3-1
* Certificates of achievement
* Certificate of appreciation
* Certificate of service in Kuwait
* Certificate of training
* U.S. Army Motor Vehicle Operator's Identification Card
* Operator Qualification Record

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 20 June 1990.  He completed training and was awarded military occupational specialties 11B (Infantryman) and 11M (Fighting Vehicle Infantryman).   He was honorably released from active duty on 19 June 1994.  His DD Form 214 shows in:

* Item 12f (Foreign Service) the entry "00  00  00" 
* Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) the:

* Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button

* Item 18 (Remarks) does not list any deployed service

3.  He provides the following documents:

	a.  A DA Form 638, dated 22 September 1992 and an accompanying certificate, awarding him the Army Achievement Medal for meritorious service while assigned to Company C, 3rd Battalion, 41st Infantry, from 29 August to 26 September 1992.  However, although both the DA Form 638 and certificate are signed by an appropriate approval authority, neither document contains an official permanent order number or an order issuing authority.  

	b.  A DA Form 638, dated 8 September 1993, and an accompanying certificate, awarding him the Army Achievement Medal for meritorious service while assigned to Company C, 1st Battalion, 9th Cavalry, from 15 October 1991 to 9 August 1993, by Permanent Orders Number 08-034, issued by Headquarters, 1st Battalion, 9th Cavalry Regiment, Fort Hood, TX, on 8 September 1993.  However, the order approval authority did not sign this form. Additionally, Achievement Number 4 of the DA Form 638 states:

Deployed to the Emirate of Kuwait within 24 hours of notification for Operation Iris Gold.  [Applicant's] actions were instrumental in conducting service operations on the 2x1 fleet which made the Kuwait contingency fleet capable of taking on any mission. 

	c.  A DA Form 638, dated 20 February 1993, and an accompanying certificate, awarding him the Army Commendation Medal for meritorious achievement while assigned to Company C, 1st Battalion, 9th Cavalry, from 15 January 1993 to 1 March 1993 by Permanent Orders Number 1-31, issued by Headquarters, 3rd Brigade, 1st Cavalry Division, Fort Hood, TX, on 15 December 1993.  The accompanying certificates reads:

For meritorious achievement in support of Operation Iris Gold while assigned to the 1st Platoon, Charlie Company, 1st Battalion, 9th Cavalry Regiment, from 15 January 1993 until 1 March 1993 while serving as a Bradley driver.  [Applicant] was instrumental in the rapid deployment of his platoon to Kuwait within 24 hours of notification and performing maintenance and service operations which prepared the Kuwait contingency fleet for any mission. 

	d.  A copy of Permanent Orders 3-1, issued by Headquarters, 1st Cavalry Division, on 13 January 1993, ordering the 1st Battalion, 9th Cavalry Task Force - which included the applicant by name - on a temporary change of station (TCS) assignment to the U.S. Central Command with duty in Kuwait.

	e.  A certificate of achievement, dated 25 February 1993 for outstanding support to the 3rd Brigade while deployed to Kuwait for Exercise Iris Gold.  

	f.  A certificate of appreciation, dated 22 February 1993, for contributions while deployed to Kuwait.

	g.  A certificate, dated 1 March 1993, recognizing his service in Kuwait.

	h.  A certificate of training showing completion of the 85-hour Bradley Fighting Vehicle Infantryman Course (11M) Class 21-90.

	i.  A U.S. Army Motor Vehicle Operator's Identification Card and an Operator Qualification Record.

4.  His name is shown on the Gulf War roster as having served in Southwest Asia from 1 January 1993 to 31 March 1993.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

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

	a.  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.

	b.  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) 
* Cease-Fire Campaign (12 April 1991 - 30 November 1995)

	c.  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.

	d.  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.

7.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications: (1) Driver-W (for wheeled vehicles); (2) Driver-T (for tracked vehicles); (3) Driver-M (for motorcycles); (4) Driver-A (for amphibious vehicles); (5) Mechanic (for automotive or allied vehicles); and (6) Operator-S (for special mechanical equipment).

	a.  The eligibility requirements for drivers require that a Soldier must (1) qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55 and (2) be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft)); or (3) perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

	b.  The eligibility requirements for mechanics require that a Soldier must: (1) pass aptitude tests and complete the standard mechanic’s course with a "skilled" rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating; (2) be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor; or (3) if required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for a motor vehicle operators permit as prescribed above and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months and have no Army motor vehicle accident or traffic violation recorded on his or her DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)).

	c.  The eligibility requirements for operators of special mechanical equipment require that a Soldier whose primary duty involves operation of Army materials handling or other mechanical equipment must have completed 12 consecutive months or 500 hours of operation, whichever comes later, without accident or written reprimand as the result of his or her operation, and his or her operating performance must have been adequate in all respects.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal and the Army Achievement Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2.  The applicant submitted a DA Form 638 and an accompanying certificate showing a second award of the Army Achievement Medal.  However, neither document was assigned a permanent orders number or indicated the order issuing authority.  By regulation, announcement in orders is required for award of the Army Achievement Medal, in the absence of permanent orders, there is insufficient evidence to add a second award of the Army Achievement Medal in this case.

3.  The applicant completed 1 month and 15 days of foreign service in Kuwait from on or about 15 January 1993 to on or about 1 March 1993.  These dates are consistent with the dates shown on the Gulf Roster.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service and deployment dates on his DD Form 214. 

4.  His dates of service in Kuwait qualify him for award of the Southwest Asia Service Medal.  Additionally, he served in Kuwait through one campaign and should be authorized a bronze service star with the Southwest Asia Service Medal and correction of his records to show this award. 

5.  Although he served in Kuwait from on or about 15 January 1993 to on or about 1 March 1993, he did so in a training exercise.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.  He does not qualify for this award. 

6.  The eligibility requirements for a Drivers Badge require that a Soldier must qualify for and possess a current Motor Vehicles Operator’s Identification Card, assignment as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his Equipment Operator’s Qualification Record or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.  In the absence of additional evidence that confirms he drove the appropriate number of accident free miles and a recommendation by his commander, there is insufficient evidence to add this award to his records. 








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:

* deleting from item 12 the entry "00  00  00" and adding the entry            "00  01  15"
* adding to item 13 the Southwest Asia Service Medal with a bronze service star, Army Commendation Medal, and Army Achievement Medal
* adding to item 18 the entry "Service in Kuwait 19930115 - 19930301"

2.  The Board further determined 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:

* Second award of the Army Achievement Medal
* Kuwait Liberation Medal
* Drivers Badge




      _______ _   __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)                                         AR20110022263



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ABCMR Record of Proceedings (cont)                                         AR20110022263



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