IN THE CASE OF:	  

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130001569 


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 request his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Combat Action Badge and any other awards that he may be authorized.

2.  The applicant states he served in the Gulf War with Headquarters and Headquarters Company, 3rd Battalion, 67th Armored Regiment, 2nd Armored Division attached to Bravo Company.

3.  The applicant provides no additional 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.  The applicant enlisted in the Regular Army on 24 August 1987.  He served in military occupational specialty 63E (M1 Abrams Tank System Mechanic).

3.  The Gulf War Deployment Roster shows he was deployed from 1 October 1990 to 8 April 1991.  During this period he was assigned to HHC, 3rd Battalion, 67th Armored Regiment, Fort Hood TX.

4.  On 23 August 1991 he was released from active duty and transferred to a U.S. Army Reserve unit.  He completed 4 years of active service during this period of service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army Achievement Medal with Oak Leaf Cluster
* Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Driver and Mechanic Badge with (Driver-Wheeled and Mechanic Bars)
* Marksman Marksmanship Qualification Badge with Rifle Bar 
* Southwest Asia Service Medal with two bronze service stars

5.  Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN SOUTH WEST ASIA:  901010 TO 910410."

6.  A review of the U.S. Army Human Resources Command, Awards Branch, database shows Department of the Army General Orders Number 34, dated 
30 December 1992, awarded the 3rd Battalion, 67th Armored Regiment the Navy Unit Commendation for the period 14 August 1990 to 16 April 1991.

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

	a.  The award of the Combat Action Badge is 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.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be 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.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant request his DD Form 214 be corrected to show the Combat Action Badge and any other awards that he may be authorized.

2.  Based on his service in Saudi Arabia he is authorized the:

* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

3.  General orders award his unit the Navy Unit Commendation.

4.  These awards should be shown on his DD Form 214.

5.  The applicant did not serve during a qualifying period of service for the Combat Action Badge.  Therefore, there is no basis for granting this portion of his request.



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 adding to item 13 of his DD Form 214 the:

* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
* Navy 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 award of the Combat Action Badge.




      _______ _   _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)                                         AR20130001569





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ABCMR Record of Proceedings (cont)                                         AR20130001569



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