IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120011122 


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) as follows:

* item 8a (Last Duty Assignment and Major Command) to show the major command as the 82nd Airborne Division vice Forces Command (FORSCOM)
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the Kuwait Liberation Medal (Kuwait) and the Southwest Asia Service Medal with three bronze service stars

2.  He also requests the reissuance of all his military medals and decorations. 

3.  The applicant states he served and deployed in combat with the 3rd Battalion, 319th Artillery Regiment; a unit of the 82nd Airborne Division, Fort Bragg, NC.  The 82nd Airborne Division, which was under the XVIII Airborne Corps, was his major command.  It was not Forces Command, which is a support command.  He was assigned to the 319th Artillery Regiment and served with this unit during Operations Desert Shield/Storm.  

4.  The applicant did not provide any evidence.

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.  Having had prior enlisted service in the Army National Guard (ARNG), the applicant enlisted in the Regular Army on 27 February 1981 and he held military occupational specialty 13B (Cannon Crewmember).  

3.  He served through multiple reenlistments in a variety of stateside or overseas assignments, including Germany, from March 1981 to April 1983 and May 1985 to April 1990, and he attained the rank/grade of sergeant (SGT)/E-5.  

4.  On 14 June 1990, he was assigned to B Company, 3rd Battalion, 319th Field Artillery Regiment, 82nd Airborne Division, Fort Bragg, NC.  Company B fell under the 3rd Battalion which fell under the 319th Regiment.  The 319th Regiment fell under the 82nd Airborne Division which was a subordinate division of the XVIII Airborne Corps which fell under Forces Command, which was the major command.  

5.  He deployed with this unit (3rd Battalion, 319th Field Artillery) to Southwest Asia from 21 August 1990 to 11 April 1991.

6.  He was honorably discharged in the rank/grade of SGT/E-5 on 29 September 1992.  His DD Form 214 shows in:

* Item 8a - Battery B, 3/319th AFAR (Airborne Field Artillery Regiment) FORSCOM - FC
* Item 13 - the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon (2)
* Army Good Conduct Medal (3rd Award)
* Army Achievement Medal (2nd Oak Leaf Cluster)
* Army Commendation Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Second Class Qualification Badge with Field Artillery Bar
* Driver Badge with Track Vehicle Clasp 

* Item 18 (Remarks) - "Service in Southwest Asia 900821 - 910411"

7.   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 for item 11, enter the last unit of assignment, major command with the corresponding two character assignment code per Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes), paragraph 2-4.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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)

	b.  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.

	c.  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.
9.  According to the official U.S. Army website, FORSCOM is the Army's largest command and the generating force provider for combatant commanders at home and abroad.  At the time of his service, FORSCOM had an active component end strength of nearly 197,000 Soldiers and 19,000 Department of the Army civilians. It consists of 10 Active Component major subordinate commands, including three U.S. Armies and three Corps.  First U.S. Army at Fort Gillem, GA; Fifth U.S. Army at Fort Sam Houston, TX; and Third U.S. Army, at Fort McPherson, GA.  Additionally, I Corps at Fort Lewis, WA, III Corps at Fort Hood, TX, and XVIII Airborne Corps at Fort Bragg, NC, are FORSCOM's three Corps.  They include six Active Component divisions (82nd Airborne Division, 101st Airborne Division, 10th Mountain Division, etc), two Active Component/Army National Guard Integrated Divisions, two armored cavalry regiments, five divisional brigades, and a range of combat support and combat service support units.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's last duty assignment was with B Company, 3rd Battalion, 319th Field Artillery which fell under the major command of FORSCOM.  His    DD Form 214 correctly listed his unit of assignment and the major command, abbreviated as FC.  There is no reason to change it.  

2.  The applicant served in Southwest Asia from 21 August 1990 to 11 April 1991.  He participated in three campaigns during his service in Southwest Asia.  His DD Form 214 inadvertently listed award of the Southwest Asia Service Medal with two bronze service stars to designate two campaigns.  He is entitled to correction of his DD Form 214 to show the Southwest Asia Service Medal with three vice two bronze service stars.

3.  Based on his service in Southwest Asia he served during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  While the Kuwait Liberation Medal (Saudi Arabia) is already listed on his DD Form 214, the Kuwait Liberation Medal (Kuwait) is not.  Therefore, he is entitled to correction of his DD Form 3214 to show this award.  

4.  With respect to the reissuance of his medals and awards, the ABCMR corrects records; it does not issue medals or badges.  Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Way, St. Louis, MO 63132.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID). P.O. Box 57997, Philadelphia, PA  19111.

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 for the period ending 29 September 1992 the Southwest Asia Service Medal with two bronze service stars
* adding to his DD Form 214 for the period ending 29 September 1992 the Southwest Asia Service Medal with three bronze service stars and 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 listing in item 8a the 82nd Airborne Division as the major command.



      _______ _  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)                                         AR20120011122





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ABCMR Record of Proceedings (cont)                                         AR20120011122



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