IN THE CASE OF:	   

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120010940 


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 Combat Medical Badge (CMB) and the Valorous Unit Award (VUA).

2.  The applicant states his DD Form 214 should reflect the CMB and VUA.

3.  The applicant provides copies of:

* VUA Citation and Orders
* Memorandum, dated 20 February 1992
* Two Endorsements
* Military Personnel Message, dated 16 December 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's military record shows he enlisted in the Regular Army on 27 July 1989.  He was trained in and awarded military occupational specialty 91B (Medical Specialist).

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 12 December 1990 through 26 April 1991.  It also shows he served as an "ambulance driver aide" while assigned with Medical Troop, Regimental Support Squadron (RSS), 2nd Armored Cavalry Regiment (ACR), during this tour in Saudi Arabia.

4.  On 21 September 1992, he was honorably discharged in the rank of private first class.  His DD Form 214 shows he completed 3 years, 1 month, and 25 days of creditable active duty service.  It also shows he earned the following awards during his tenure on active duty:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  The applicant provides Headquarters, United States Army Forces Central Command, Fort McPherson, Georgia, Orders Number 44-7, dated 18 March 1992.  It announced the award of the VUA to the 2nd ACR, for extraordinary heroism in action against the Iraqi Army for the period 23 - 26 February 1991.

6.  The applicant provides a CMB award recommendation from his unit, battalion, and corps commanders for Soldiers assigned to the 2nd ACR and their supporting units.  Attached to the recommendations is a by-name list of Soldiers identified to receive this award of which the applicant's name is included.  

7.  The unit commander's recommendation shows:

   a.  during the period 24 February to 3 March 1991 the units and personnel (listed on the attachment) were responsible for providing the forward support medical care and evacuation for the 2nd ACR in Iraq and Kuwait;
   
   b.  all units were collocated with the RSS during combat operations, maneuvering as an integral part of the combat service support provided to more than 9,000 Soldiers; and 
   
   c.  during the 100 hours of combat operations the medical personnel were responsible for providing emergency medical treatment to 227 Soldiers and conducting 51 Aero medical evacuation missions, successfully evacuating 157 patients to Corps-level medical facilities.
   
8.  Army Regulation 600-8-22 (Military Awards) states that, effective 16 January 1991, the Combat Medical Badge is also authorized for medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire.

   a.  Paragraph 9-14 contains guidance on the Kuwait Liberation Medal-Saudi Arabia (KLM-SA).  It is authorized to members for service in Operation Desert Storm in Southwest Asia (SWA) between 17 January and 28 February 1991.

   b.  Paragraph 9-15 contains guidance on the Kuwait Liberation Medal-Kuwait (KLM-KU) and states it is authorized for service in support of Operation Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the CMB and VUA.

2.  The available evidence clearly shows the applicant's unit was awarded the VUA while assigned for duty in Iraq and this award was announced in official orders.  Therefore, his DD Form 214 should be corrected to add this award.

3.  The available evidence shows the applicant along with other Soldiers assigned to the 2nd ACR were recommended for award of the CMB for the period 24 February to 3 March 1991.  This documentation confirms the applicant satisfied the regulatory criteria necessary for award of the CMB.  As such, his record should be corrected to show he received this award and it should be added to his DD Form 214.

4.  Based on the applicant's service in SWA, he is authorized both the KLM-SA and the KLM-KU.  However, his DD Form 214 incorrectly lists the KLM.  As a result, the KLM should be deleted at this time and replaced with the KLM-SA and KLM-KU.
BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  awarding him the CMB for the period 24 February to 3 March 1991; and
   
   b.  amending his DD Form 214 by deleting the KLM and adding the following awards:
   
* VUA
* CMB
* KLM-SA
* KLM-KU




      _______ _   ___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)                                         AR20120010940





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ABCMR Record of Proceedings (cont)                                         AR20120010940



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