IN THE CASE OF:	  

		BOARD DATE:  9 July 2013

		DOCKET NUMBER:  AR20130002335 


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 in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Combat Infantryman Badge
* Army Good Conduct Medal (2nd Award)
* Purple Heart
* Two awards of the Army Achievement Medal
* Two awards of the Overseas Service Ribbon

* Item 14 (Military Education) - the:

* Bradley Infantry Fighting Vehicle Crewman Course, June 1988
* German Headstart, July 1988
* Bradley Fighting Vehicle Transition Training Course, December 1988
* Ranger Platoon Confidence Training, 1990
* Other training and education on his Army/American Council on Education Registry Transcripts (AARTS)

2.  The applicant states:

* he was given several awards and decorations and/or met the criteria for others but his DD Form 214 does not show them
* his service was honorable and his conduct and efficiency ratings were high; he continued to be a good citizen working for the Federal Government
* he completed one overseas service tour with 1st Battalion, 36th Infantry, 3d Armored Division in Germany, from 1988 to 1990
* he completed another tour when he served in Southwest Asia with
1st Battalion, 37th Armor, 24th Infantry Division, in support of Operations Desert Shield/Dessert Storm from 1990 to 1991
* he was credited with two bronze service stars for a 1-year tour of duty in the Persian Gulf War and he received two horizontal overseas service bars for serving two 6-month periods in a combat zone
* he received his first award of the Army Achievement Medal on 1 August 1989 and the second on 20 October 1989, both in Germany
* he served in Southwest Asia from 1990 to 1991 and he qualifies for both awards of the Kuwait Liberation Medal
* he met the criteria for award of the Combat Infantryman Badge in that he held an infantry specialty and he was personally present when his infantry unit actively engaged the enemy
* he was wounded during his service in Southwest Asia in a manner that meets the criteria for award of the Purple Heart – damaged ears and shrapnel -  and he has a 40 percent rating by the Department of Veterans Affairs (VA)
* he met the criteria for two awards of the Army Good Conduct Medal since this award is given for 1 year of service during wartime

3.  The applicant provides:

* DD Form 214
* Letter from the VA and VA rating decision
* Letter from the Office of the Secretary of Defense
* Letter from the Commanding General, 24th Infantry Division
* Newsletter article about the 3rd Battalion, 7th Infantry
* Diploma showing completion of the Bradley Infantry Fighting Vehicle Crewman Course, June 1988
* Certificate of Training showing completion of the Bradley Fighting Vehicle Course, 1988
* 
Certificate of Training showing completion of German Headstart, July 1988
* Certificate of Training showing completion of the Bradley Fighting Vehicle Transition Training Course, December 1988
* Certificate of Achievement, dated 1 August 1989
* Certificate of Achievement, dated 20 October 1989
* Certificate showing completion of Ranger Platoon Confidence Training, 1990
* AARTS transcripts

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The applicant listed the name of his counsel but his counsel did not make a statement or an argument or 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.  The applicant enlisted in the Regular Army on 7 March 1988.  He completed one station unit training (OSUT) at Fort Benning, GA, and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  Following completion of MOS training, he served in Germany, from 9 July 1988 to 6 July 1990.  He was initially assigned to Company C, 1st Battalion,
36th Infantry, later re-designated as 5th Battalion, 18th Infantry.  He was credited with a completed overseas tour.

4.  Following completion of his overseas tour, he was reassigned to Fort Stewart, GA.  He was assigned to Headquarters and Headquarters Company,
3rd Battalion, 7th Infantry, 24th Infantry Division. 

5.  Items 5 (Overseas Service) and 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record) show he served in Southwest Asia in support of Operations Desert Shield/Dessert Storm from 27 August 1990 to 24 March 1991.

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows the:

* Army Service Ribbon
* Overseas Service Ribbon (1)
* National Defense Service Medal (1)
* Southwest Asia Service Medal with two bronze service stars
* Army Good Conduct Medal (1st Award) - 910307
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar

7.  Permanent Orders Number 20-1, issued by Headquarters, 5th Battalion,
18th Infantry, dated 28 June 1990, awarded him the Army Achievement Medal for meritorious service from 4 July 1988 to 3 July 1990.

8.  On 6 March 1992, he was honorably released from active duty at the expiration of his term of service.  His DD Form 214 shows in:

	a.  Item 13, he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal with two bronze service stars
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
* Kuwait Liberation Medal

	b.  Item 14 - the entry "NA" (not applicable).

9.  His records do not contain orders or evidence supporting awards of the Combat Infantryman Badge, Purple Heart, Army Good Conduct Medal
(2nd Award), or the Overseas Service Ribbon (2nd Award).

10.  His medical records are not available for review with this case.  There is no casualty report in his service record confirming a combat injury.  There is no notification to the next of kin of a combat injury or wound.  However, he:

	a.  describes an incident on 26 February 1991 when his unit, the 3rd Battalion, 7th Infantry, received artillery fire from the Iraqi Special Forces as it moved toward the final objective, Battle Position 102 North.  The Iraqi Special Forces Brigade fired their rocket propelled grenade (RPG) launchers and AK-47s at the unit vehicles.  His squad dismounted and moved toward the enemy and engaged them with 25mm Bushmaster Automatic Chain guns and 7.62 mm mounted machine gun.  Artillery rounds were falling around them and that was when his ears were damaged.  Additionally, a piece of shrapnel struck his right arm.  He pulled it out burning his finger in the process, threw it away, and continued his mission.  They moved toward the enemy in a zigzag formation, killing many enemy personnel.  He was on point when they cleared the trench lines and bunkers to kill any remaining enemy forces.

	b.  provides multiple VA rating decisions confirming his award of service-connected disability compensation for tinnitus at the rate of 10 percent, eczema at the rate of 10 percent, and chondromalacia patella for each knee at the rate of
10 percent.

	c.  provides a letter from the Deputy Special Assistant, Office of the Secretary of Defense, dated 29 September 2000, seeking information related to chemical exposure and detection, specifically for Soldiers who served with the
3rd Battalion, 7th Infantry, on or about 10 February 1991.

	d.  provides a letter from the Commanding General, 24th Infantry Division to the Soldiers of the 24th Infantry Division, dated 12 March 1991, describing the division's offensive operations/activities in eastern Iraq during Operation Desert Storm.

	e.  provides a newsletter of the 3rd Battalion, 7th Infantry, describing the unit's alert, deployment to Saudi Arabia, forward movement into Iraq, and the battalion's activities at Battle Position 102 North.

11.  He further provides two certificates of achievement, dated 1 August and 20 October 1989, recognizing him for meritorious achievement as a member of C Company, 1st Battalion, 36th Infantry.  The first recognized his achievement in the Super Squad and the second for his achievements in the area of maintenance.

12.  He provides the following Certificates of Training:

	a.  A certificate confirming successful completion of the Bradley Infantry Fighting Vehicle Crewman Course, dated 24 June 1988.

	b.  A certificate confirming successful completion of the German Headstart program from 25-29 July 1988.

	c.  A certificate confirming completion of the 134-hour Bradley Fighting Vehicle Course and qualification in all MOS 11M Skill Level One Tasks.

	d.  A certificate confirming completion of the Bradley Fighting Vehicle Transition Training Course from 9 November to 21 December 1988, dated
21 December 1988.

	e.  A certificate confirming completion of the Ranger Platoon Confidence Training Course from 28 January to 9 February 1990.

	f.  AARTS transcripts, dated 23 May 1997.

13.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  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.

	b.  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.

	c.  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.

	d.  U.S. Total Army Personnel Command (PERSCOM) Message date/time group 171226Z January 1991, Subject:  Delegation of Wartime Award Approval 

Authority, provided special guidance for Operation Desert Storm.  It stated, "Division commanders in the grade of major general who had troops committed to the combat operation and hospital commanders receiving casualties could award the Purple Heart to Soldiers who were wounded as the direct result, repeat, direct result of enemy action."

	e.  The Combat Infantryman Badge is awarded after meeting three requirements.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	f.  The Overseas Service Ribbon may be awarded to personnel who were credited with a normal overseas tour completion.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Currently, Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Saudi Arabia – at the time – was considered an isolated area where tour lengths had not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.

	g.  The Army Good Conduct Medal 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Only the first award is authorized for a period of less than 3 years but more than 1 year.

	h.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after
1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on 

the form should be complete and accurate.  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.  It states for:

* item 13, enter all awards and decorations from the Soldier's records
* item 14 - enter in–service training courses; title, number of weeks, and year successfully completed during this period of service; this information is to assist the member after separation in job placement and counseling; training courses for combat skills will not be listed
* item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show various awards/badges and his military education.

2.  The applicant served in Southwest Asia from 27 August 1990 to 24 March 1991.  By regulation, his combat service should be annotated in item 18 of his DD Form 214.  Furthermore, he served a qualifying period for awards of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  His DD Form 214 listed the Kuwait Liberation Medal without identifying a country that awarded it.  Therefore, his DD Form 214 should be corrected to show both awards. 

3.  With respect to the Combat Infantryman Badge: 

	a.  There are three requirements for award of the Combat Infantryman Badge: the Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.  In this case, there are no orders on file and he provides none to show he was awarded the Combat infantryman Badge.  His infantry MOS and his service in Southwest Asia with an infantry unit are not in question.  However, there is no evidence of record and he provides none to show he was actively present while his infantry unit engaged in active ground combat.  A newsletter about unit activities in theater does not prove he was personally or actively present when the infantry unit engaged the enemy.

	c.  Notwithstanding his sincerity, in the absence of the orders or official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when the unit was engaged in active ground combat, there is an insufficient evidentiary basis to support award of the Combat Infantryman Badge or adding it to his DD Form 214.

4.  With respect to the Army Good Conduct Medal:

	a.  The criteria for award of the Army Good Conduct Medal is three consecutive years on active duty.  However, for the first award only, the Army Good Conduct Medal is authorized upon termination of service on or after
27 June 1950 of less than 3 years but more than 1 year.  In the applicant's case, his active service began on 7 March 1988.  He qualified for and received the first award of the Army Good Conduct Medal on 6 March 1991 (3 years from his date of entry) and this award is properly shown on his DD Form 214. 

	b.  Had he continued to serve on active duty, he would have been eligible for a second award of the Army Good Conduct Medal on 6 March 1994; however, he was released from active duty on 6 March 1992.  Therefore, he did not meet the eligibility criteria for a second award of the Army Good Conduct Medal.

5.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any orders and he provides none that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His service medical records are not available for review with this case and nothing in his personnel record reflects a combat injury or treatment.

	c.  Even if his shrapnel injury were corroborated, by his own admission, it did not require treatment by medical officials.  Furthermore, the VA rating decisions he provides do not confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.

	d.  In the absence of official orders awarding him the Purple Heart or documentation that conclusively shows he was wounded or injured as a result of 

enemy action and treated for those wounds, there is an insufficient evidentiary basis upon which to support award of the Purple Heart or adding it to his
DD Form 214.

6.  With respect to the Army Achievement Medal:

	a.  Permanent orders awarded him the Army Achievement Medal for meritorious service from 4 July 1988 to 3 July 1990.  Therefore, his DD Form 214 should be corrected to show this award.

	b.  His service records do not contain and he did not provide orders confirming a second award of the Army Achievement Medal.  The governing Army regulation states that for personal decorations (which include the Army Achievement Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.

	c.  The certificates of achievement he provides do not equate to the Army Achievement Medal simply because they contain the word "achievement."  Commanders normally may recognize acts, achievements, or periods of faithful service which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  

	d.  Therefore, in the absence of official orders confirming a second award of the Army Achievement Medal, there is an insufficient evidentiary basis for correcting his DD Form 214 to show a second award of the Army Achievement Medal.

7.  With respect to the Overseas Service Ribbon:

	a.  The applicant was credited with an overseas tour of 24 months in Germany from July 1988 to July 1990.  As such, he is entitled to the Overseas Service Ribbon and correction of his DD Form 214 to show this award.

	b.  He was not credited with a second overseas tour as he contends.  He completed 7 months of service in Southwest Asia in a deployed/temporary duty status.  Saudi Arabia – at the time – was considered an isolated area where tour lengths had not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.

	c.  If the Board were to use current standard for service in Kuwait/Iraq, Soldiers who serve a minimum of 11 cumulative months or 9 continuous months 

in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Under these rules, he still does not meet the minimum criteria for a second award of the Overseas Service Ribbon.

8.  With respect to his military education, the regulation in effect at the time required an entry on the DD Form 214 for service training courses; title, number of weeks, and year successfully completed during this period of service.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

	a.  The German Headstart is not a combat skill.  It is a training course of one-week duration that should be listed in item 14 of his DD Form 214.

	b.  However, the other training courses (Bradley Infantry Fighting Vehicle Crewman Course, Bradley Fighting Vehicle Transition Training Course, and Ranger Platoon Confidence Training) are clearly training courses for combat skills.  Therefore, they are not entered on the DD Form 214.

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 item 13 of his DD Form 214 the Kuwait Liberation Medal
* adding to item 13 of his DD Form 214 the:

* Army Achievement Medal
* Overseas Service Ribbon
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* 
deleting from item 14 the entry "NA"
* adding to item 14 the entry "German Headstart, 1 week, 1988"
* adding to item 18 of his DD Form 214 the entry "Service in Southwest Asia from 19900827 - 19910324"

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

* adding to item 13 of his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (2nd Award)
* Purple Heart
* Army Achievement Medal (2nd Award)
* Overseas Service Ribbon with Numeral 2

* adding to item 14 of his DD Form 214 the:

* Bradley Infantry Fighting Vehicle Crewman Course
* Bradley Fighting Vehicle Transition Training Course
* Ranger Platoon Confidence Training
* Other training and education on his AARTS



      _______ _  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)                                         AR20130002335



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002335



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1