IN THE CASE OF:	  

		BOARD DATE:	    10 October 2013

		DOCKET NUMBER:  AR20130001022 


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 military record to show any and all awards to which he is entitled.

2.  The applicant states, in effect,

	a.  he left the Army before receiving all of his earned awards;

   b.  he has a certificate for the Army Commendation Medal (ARCOM); and
   
   c.  he believes he was awarded the Kuwait Liberation Medal (KLM), Korean Service Medal (KSM), Combat Action Badge (CAB), and additional individual and unit awards.

3.  The applicant provides:

* Veterans Service Commission of Belmont County Letter dated 19 December 2012
* ARCOM Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)


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 records show he enlisted in the Regular Army on 19 September 1986.  He was trained in and awarded military occupational specialty 31Q (Tactical Satellite Microwave Systems Operator).

3.  His military record includes an Army Achievement Medal (AAM) certificate dated 20 June 1990, awarded him for meritorious service in Korea from 19 June 1988 to 20 June 1990.  On 27 September 1991, he was honorably released from active duty by reason of “dependency term of service.”

4.  His DD Form 214 shows he completed 5 years and 9 days of creditable active service, of which 2 years was foreign service.  It also shows he earned the following awards during his tenure on active duty:

* Army Service Ribbon
* Army Achievement Medal (3rd Awards)
* Army Good Conduct Medal
* National Defense Service Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Sharpshooter Marksman Qualification Badge with Rifle Bar

5.  Review of the Gulf War Deployment Roster confirms the applicant served in the Gulf War area of operations from 14 November 1990 through 10 May 1991.

6.  The applicant provides an award certificate dated 26 April 1991.  It shows he was awarded the ARCOM for distinguished meritorious service while serving as a Tropospheric Scatter Radio Operator in support of Operation Desert Shield and Desert Storm in the Kuwait Theater of Operations from 4 November 1990 through 1 May 1991.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

   a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the KDSM.  It states that it is authorized to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.
   
   b.  Paragraph 5-8 provides for award of the KSM and it states that the KSM is awarded for service in Korea between 27 June 1950 and 27 July 1954 and that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the ROK.

	c.  Paragraph 5-4 provides guidance on the award of the OSR.  It states that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours as defined in Army Regulation 614-30 (Overseas Service).

	d.  Paragraph 8-8 states the requirements for award of the CAB are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  It is awarded to Soldiers personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  
   
   e.  Paragraph 9-14 contains guidance for award of the KLM-Saudi Arabia.  It states this medal is authorized to members for service in support of Operation Desert Storm in SWA between 17 January 1991 and 28 February 1991.

   f.  Paragraph 9-15 of Army Regulation 600-8-22 contains guidance for award of the KLM-Kuwait.  It states this medal is authorized for service in support of Operations Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.


8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and

	c.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to additional awards not currently reflected in his military record.  There is sufficient evidence to support this claim.

2.  The applicant's AAM certificate and the entry shown in item 12f of his
DD Form 214 confirms he completed 2 years overseas service in Korea from 19 June 1988 to 20 June 1990.  Based on this service, he earned the OSR and is authorized the KDSM, which was established after his discharge from the Army.  Therefore, the KDSM and OSR should be added to his DD Form 214.

3.  The ARCOM certificate confirms the applicant completed 5 months and 28 days service in support of Operation Desert Shield/Storm from 4 November 1990 through 1 May 1991.  His name is listed on the Gulf War Roster, and his DD Form 214 lists the SWASM with 3 bronze service stars.  Therefore, his SWA service is confirmed by the evidence in this case and this service authorizes him the KLM-KU and KLM-SA.  These awards and the ARCOM are not currently listed on his DD Form 214 and should be added at this time.

4.  Further, based on the applicant's service during the Gulf War, his 
DD Form 214 should also be corrected to:

* add 5 months and 28 days to the current entry shown in item 12f
* add the entry "SERVICE IN SOUTHWEST ASIA FROM 4 NOVEMBER 1990 TO 1 MAY 1991" to item 18

5.  Finally, the applicant’s claim of entitlement to the CAB and KSM awards has been carefully considered.  However, the KSM is awarded for service in Korea between 27 June 1950 and 27 July 1954, and the qualifying period established for award of the CAB has a beginning date of 18 September 2001, to a date to be determined.  The applicant served in the Army from 19 September 1986 through 27 September 1991.  Accordingly, he did not serve during a qualifying period necessary for award of the KSM or CAB, and as such, there is no basis for adding either of these awards to his military record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by:

   a.  amending the following items on his DD Form 214 as indicated:

* item 12f – deleting the current entry and replacing it with the entry "02 05 28"
* item 13 - adding the Army Commendation Medal, Kuwait Liberation Medal - Kuwait, Kuwait Liberation Medal - Saudi Arabia, Korea Defense Service Medal, and Overseas Service Ribbon
* item 18 - adding the entry "SERVICE IN SOUTHWEST ASIA FROM 04 NOVEMBER 1990 TO 01 MAY 1991" 

b.  issuing him a corrected document to reflect these changes.


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 the Combat Action Badge and Korean Service Medal.




      _______ _  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)                                         AR20130001022





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ABCMR Record of Proceedings (cont)                                         AR20130001022



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