IN THE CASE OF:	  

		BOARD DATE:  13 December 2012

		DOCKET NUMBER:  AR20120010588 


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 he was awarded the Kuwait Liberation Medal (KLM), Army Good Conduct Medal (AGCM), Army Reserve Components Achievement Medal (ARCAM), and any other medals he is qualified to receive for his service in Saudi Arabia from 7 February to 19 September 1991 during Operation Desert Shield/Desert Storm.  He also requests, in effect, award of the Purple Heart.

2.  He states he was ordered to active duty for Operation Desert Shield/Desert Storm and deployed to Al-Jubayl (Saudi Arabia) and surrounding areas adjacent to Kuwait.  He served in the combat zone from 7 February to 19 September 1991.  He states he is providing medical records documenting treatment he received while deployed, one of which shows he partially fractured his right wrist while jumping from a truck while trying to take cover from an incoming SCUD missile.  He has been given a 100% service-connected disability rating due to his service in Southwest Asia.  After his period of active duty service, he completed 8 years of service.  The absence of the medals may be an error.

3.  He provides:

* his DD Form 214
* his DA Form 2-1 (Personnel Qualification Record)
* correspondence from the Department of Veterans Affairs (VA)


* five documents from his service medical records
* a DA Form 2173 (Statement of Medical Examination and Duty Status)
* his Honorable Discharge Certificate
* pages from the Department of Defense (DoD) Manual of Military Decorations and Awards (DoD 1348.33-M)
* pages from Army Regulation 600-8-22 (Military Awards)

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 Reserve (USAR) on 16 June 1989.  After completing initial entry training, he was awarded military occupational specialty 88M (Motor Transport Operator).

3.  On 15 January 1991, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  His record shows he served in Southwest Asia from 7 February to 19 September 1991.

4.  A Standard Form (SF) 600 (Chronological Record of Medical Care) shows he sought medical treatment for right wrist pain on 25 February 1991.  He told the examining provider he fell approximately 5 feet from a truck and injured his right wrist when he tried to catch himself.  An entry, dated 11 March 1991, shows an x-ray showed no evidence of a fracture.

5.  A partially completed DA Form 2173, dated 23 September 1991, shows he injured his right wrist in Saudi Arabia on 26 February 1991.  The individual who completed the form noted there was no fracture and indicated the injury was "just tendinitis."

6.  On 19 October 1991, he was honorably released from active duty at the expiration of his term of service.  


He completed 9 months and 5 days of net active service this period.  The DD Form 214 he was issued at that time shows he was awarded or authorized the:

* Army Service Ribbon
* Army Lapel Button
* Southwest Asia Service Medal (SWASM)
* National Defense Service Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

7.  On 3 March 1992, his commander notified him he had been declared an unsatisfactory participant due his accumulation of 9 unexcused absences within a 1-year period, and he would be transferred to the Individual Ready Reserve (IRR).  

8.  Orders 49-06, issued by the U.S. Army Reserve Forces, Puerto Rico (PR), dated 20 April 1992, reassigned him to the USAR Control Group (Reinforcement) (commonly known as the IRR), effective 2 April 1992, by reason of unsatisfactory participation.  He was reassigned to a troop program unit on an unknown date.

9.  On 7 May 1995, his commander notified him he had been absent from two unit training assemblies on 7 May 1995.  The record shows the absences were not excused.

10.  Orders 6-84-3, issued by Headquarters, 65th U.S. Army Reserve Command, Fort Buchanan, PR, dated 24 March 1996, assigned him to the IRR by reason of voluntary transfer.

11.  Orders D-06-745841, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 17 June 1997, honorably discharged him from the USAR effective the same date.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must 


have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The ARCAM is authorized for award to Army personnel for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to
3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.

	c.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.

	d.  A bronze service star is authorized for wear with the SWASM for participation in each credited campaign.  Approved designated campaigns are:

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

	e.  The KLM 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.

	f.  The KLM awarded by the Government of Kuwait (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.  The evidence of record shows the applicant injured his right wrist while serving in Saudi Arabia.  There is no evidence showing his injury was the result of hostile action.  Therefore, there is an insufficient evidentiary basis for awarding him the Purple Heart.


2.  The record does not show he completed a 4-year period of service qualifying for award of the ARCAM prior to 28 March 1995, nor does it show he completed a 3-year period of service qualifying for the award on or after 28 March 1995.  Therefore, there is no basis for awarding him the ARCAM.

3.  The AGCM (1st Award) may be awarded upon termination of a period of active Federal service of less than 3 years but more than 1 year.  The applicant did not complete a qualifying period of active service of at least 1 year.  Therefore, there is no basis for awarding him the AGCM.

4.  He was awarded the SWASM, and his qualifying service coincided with two campaigns.  Therefore, he is entitled two bronze service stars for wear on his already-awarded SWASM and correction of his DD Form 214 to show these bronze service stars.

5.  He served during a qualifying period of service for entitlement to the KLM-SA and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these service awards.

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:

	a.  deleting from his DD Form 214 for the period ending 19 October 1991 the SWASM, and

	b.  adding to his DD Form 214 for the period ending 19 October 1991 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
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 awarding him the Purple Heart, Army Good Conduct Medal, or the Army Reserve Components Achievement Medal and adding them to his DD Form 214.



      _______ _  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)                                         AR20120010588



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ABCMR Record of Proceedings (cont)                                         AR20120010588



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