IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120000340 


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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 March 1992, to show award of the Valorous Unit Award.

2.  As a new issue, he requests, in effect, correction to his DD Form 214, for the period ending 30 March 1992, to show all his awards, training, military occupational specialties (MOSs), and various schools.

3.  The applicant states he served in three specialties and attended various schools.  He was separated from the service with only his personal copies of his records.  Unfortunately, when he departed Germany his records were given to another Soldier who wasn't going to the same location that he was.  He lived in Germany for 3 years after his discharge.  He also states the Valorous Unit Award was issued on 11 April 1997 by General Orders (GOs) Number 14 and the unit he was attached to during the Gulf War was named in the GO.

4.  The applicant provides:

* DD Form 368 (Request for Discharge or Clearance from Reserve Component)
* DD Form 214 for the period ending 24 August 1985
* 5 training certificates
* Merit of Safety and Affiliation certificates
* 4 achievement certificates
* orders for Desert Shield
* 1992 DD Form 214
* GOs Number 14
* letter from the National Personnel Records Center (NPRC)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110008441 on 20 October 2011.

2.  The applicant provides GOs Number 14 for the Valorous Unit Award and orders assigning him to a unit which was awarded the Valorous Unit Award as new evidence.  The new evidence warrants consideration by the Board.

3.  The applicant’s military record shows he enlisted in the U.S. Army Reserve (USAR) on 23 May 1984.  He entered active duty on 28 June 1985.  He completed the Combat Engineer Training Course on 22 August 1985 and he was awarded MOS 12B, Combat Engineer.  

4.  He was released from active duty on 24 August 1985 and was transferred to a Reserve unit.  His DD Form 214 for this period of service shows in:

* Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) - MOS 12B, Combat Engineer, 0 years and 0 months
* Item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) - Marksman Marksmanship Qualification Badge with Rifle (M-16) and Handgun Bars and Army Service Ribbon
* Item 14 (Military Education) - Combat Engineer Course, 5 weeks, August 1985

5.  He enlisted in the Regular Army on 23 May 1986.  He completed training and was awarded MOS 63D, Track Vehicle Mechanic.  He also completed the following courses:

* Self-Propelled Field Artillery Systems Mechanic Course, 5 June to 25 July 1986
* Automotive Vehicle (Track) Mechanic's Course, three weeks, on 18 December 1986
* Headstart to German, one week, on 8 January 1988 
* U.S. Army Europe (USAREUR), 40 hours Primary Track Course, from 13 to 17 June 1988
* Combat Lifesaver Course, 40 hours, on 7 April 1989
* Combat Lifesaver Course, by correspondence through the U.S. Army Institute for Professional Development, Fort Eustis, VA, on 7 June 1989

6.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Germany from 16 December 1987 through 10 April 1990 and he was assigned to Service Battery, 2nd Battalion, 27th Field Artillery, from 21 December 1987 to 9 April 1990.

7.  He again served in Germany from 17 July 1990 through 16 July 1993.  He was assigned to:

* Company B, 547th Engineer Battalion - 17 July 1990 to 30 September 1991
* Company D, 9th Engineer Battalion - 7 October 1991 to on or about 16 July 1993

8.  Orders Number 168-05 were issued by Headquarters, 3rd Armored Division, on 27 November 1990, attaching him to Headquarters and Headquarters Company (HHC), 23rd Engineer Battalion, in support of Operation Desert Shield effective the same date.

9.  The Gulf War Deployment Roster shows he was deployed to Southwest Asia (SWA) from 16 January 1991 to 4 June 1991.

10.  He was discharged in pay grade E-3 on 30 March 1992.  His DD Form 214 shows the following in:

* Item 11 - 63Y, Track Vehicle Mechanic and 63D, Self-Propelled Field Artillery Systems Mechanic
* Item 13 show the:

* Army Service Ribbon
* National Defense Service Medal
* Good Conduct Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal
* Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver "T" Bar

* Item 14 - Automotive Vehicle Track Mechanic, 3 weeks, December 1986, and Track Vehicle Repairer, 12 weeks, April 1990

* Item 18 (Remarks) - Separated from service on temporary records and Soldier’s affidavit and service in SWA from 21 December 1990 to 12 June 1991

11.  Headquarters, Department of the Army GO Number 14, dated 11 April 1997, awarded, in part, the 23d Engineer Battalion the Valorous Unit Award for the period 22 December 1990 through 20 May 1991.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the standardized policy for preparing the DD Form 214 for Soldiers on retirement, discharge, and release from active duty.  The regulation specified the following:

   a.  Item 11 shows titles of all MOS served for at least 1 year to include the number of years and months served;

   b.  Item 13 shows awards and decorations for all periods of service in priority sequence; and 

   c.  Item 14 shows in-service training courses successfully completed during the period covered by the DD Form 214 prepared.  The list will include the title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

13.  Army Regulation 600-8-22 (Military Awards) provides that 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 also provides that 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to HHC, 23rd Engineer Battalion, 3rd Armored Division, in support of Operation Desert Storm.  GOs awarded this unit the Valorous Unit Award during his period of service.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  Based on his deployment in support in SWA from 16 January 1991 to 4 June 1991 and participation in one campaign phase, he is entitled to award of the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait and correction of his DD Form 214 to reflect this award.

3.  The evidence of record also shows he was previously awarded the Marksman Marksmanship Qualification Badge with Rifle M-16 and Handgun Bars.  This award did not appear on his DD Form 214 for the period ending 30 March 1992.  

4.  The evidence of record also shows he successfully completed 7 weeks of the Self-Propelled Field Artillery Systems Mechanic Course on 25 July 1986, 1 week Headstart to German on 8 January 1988, 1 week of the USAREUR Primary Track course on 17 June 1988, and 1 week of the Combat Lifesaver course, during the period covered by the 1992 DD Form 214.  Therefore, he is entitled to correction of this DD Form 214 to show he completed these courses in accordance with regulatory guidance.

5.  The evidence of record further shows he was awarded MOS 12B and completed the Combat Engineer Training in MOS 12B in August 1985.  That MOS and course are appropriately shown on his 1985 DD Form 214. 

6.  The evidence also shows during his period of service from 23 May 1986 through 30 March 1992, he held MOSs 63Y and 63D.  These MOSs are also appropriately shown on his 1992 DD Form 214.  Therefore, he is not entitled to correction to his 1992 DD Form 214 to show MOS 12B and the Combat Engineer Training because it was not held/completed during the period covered by the 1992 DD Form 214.

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 partial relief.

2.  As to the request for reconsideration, the Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20110008441, dated 20 October 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from the applicant's DD Form 214 for the period ending  30 March 1992 the Kuwait Liberation Medal and adding the:

* Valorous Unit Award
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait

3.  As to the new issues, 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 adding to Item 14 of his DD Form 214 for the period ending 30 March 1992 the:

* Self-Propelled Field Artillery Systems Mechanic Course, 7 weeks, July 1989
* Headstart to German, 1 week, January 1988
* Combat Lifesaver Course, 1 week, April 1989
* USAREUR Primary Track Course, 1 week, June 1988

4.  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 correction to his 1992 DD Form 214 to show the MOS of 12B and the Combat Engineer Training Course.



      _______ _   __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)                                         AR20120000340





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000340



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1