BOARD DATE:	  29 November 2012

		DOCKET NUMBER:  AR20120008963 


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 add the Meritorious Unit Commendation (MUC), Kuwait Liberation Medal-Government of Kuwait (KLM-KU), and a Shoulder Sleeve Insignia (SSI).

2.  The applicant states these items were never added to his DD Form 214 and should have been placed in his record as soon as he received the awards.

3.  The applicant provides:

* memorandum, dated 25 March 1991 
* DD Form 214 for the period ending on 20 May 1991
* DD Form 215, (Correction to the DD Form 214), dated 21 January 1992
* DD Form 215, dated 15 June 1992
* memorandum, dated 26 October 1999
* MUC Certificate and Citation, dated 22 August 2000
* memorandum, dated 6 September 2000

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.  After having had previous enlisted service, the applicant enlisted in the U.S. Army Reserve (USAR) on 3 February 1987 and held the military occupational specialty 63D (Self-Propelled Field Artillery Systems Mechanic).  

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 16 February 1991 to 10 May 1991.

4.  His DD Form 214 and DD Forms 215 show he was ordered to active duty in support of Operation Desert Shield and Desert Storm on 31 January 1991.  He was deployed to Southwest Asia from 16 February 1991 to 10 May 1991 and served with Service Battery, 1st Battalion, 201st Field Artillery Regiment.  

5.  On 20 May 1991, he was honorably released from active duty.  His DD Form 214 and DD Forms 215 show he completed 3 months and 20 days of net active service, of which 2 months and 25 days was credited as foreign service.  These forms further show he was awarded or authorized the:

* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Medal
* Army Service Ribbon
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar 
* Army Lapel Button
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* Army Commendation Medal
* Army Reserve Components Achievement Medal
* Army Achievement Medal (2nd Award)
* Driver and Mechanic Badge with Driver "W" Bar
* Kuwait Liberation Medal

6.  He provided a memorandum of record, issued by the 196th Field Artillery Brigade, on 25 March 1991, which essentially stated the 1st Battalion, 

201st Field Artillery Regiment had been attached to the 18th Field Artillery Brigade, 18th Airborne Corps, during Operation Desert Storm in Southwest Asia from 10 February 1991 to 1 March 1991.  Therefore, 1st Battalion, 201st Field Artillery Regiment, was authorized to wear the 18th Airborne Corps SSI or the 18th Field Artillery Brigade SSI.

7.  He provided a memorandum, issued by Headquarters, 1st Battalion, 151st Field Artillery, National Guard Training and Community Center, Minnesota, on 26 October 1999, which stated he was authorized/awarded the KLM-KU.

8.  He provided a citation, certificate of award, and a memorandum from the U.S. Army Human Recourses Command, dated 6 September 2000, which show his unit, 1st Battalion, 201st Field Artillery Regiment, was awarded the MUC for the period 9 December 1990 to 10 June 1991.

9.  Army Regulation 670-1 governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

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

	a.  the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 KLM-KU 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.  Evidence shows the applicant's unit was awarded the MUC for a period of time in which he was assigned.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  The evidence of record shows he was deployed to Saudi Arabia from 16 February 1991 to 10 May 1991; therefore, he is entitled to award of the 
KLM-SA and KLM-KU and correction of his DD Form 214 to show these awards.

3.  There are no provisions for entering the SSI for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.  Therefore, he is not entitled to correction of his DD Form 214 to add the SSI.

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 his DD Form 214 the entry Kuwait Liberation Medal
* adding to his DD Form 214 the:

* Kuwait Liberation Medal - Kuwait
* Kuwait Liberation Medal - Saudi Arabia
* Meritorious Unit Commendation

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 Shoulder Sleeve Insignia.  



      ______________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)                                         AR20120008963





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