IN THE CASE OF:	  

		BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130004118 


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 award of the Combat Action Badge (CAB) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the CAB, Noncommissioned Officer Professional Development Ribbon (NCOPDR), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), and Southwest Asia Service Medal (SWASM) in two separate applications.

2.  The applicant states:

	a.  He was recently informed by fellow combat veterans that Operation Desert Storm veterans are authorized to apply for the CAB if they saw combat.  He was in a forward air support battalion and he did see combat.

	b.  Due to his incarceration, he recently was able to view his records and he discovered the errors.

	c.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows entitlement to the NCOPDR, KLM-SA, and SWASM, but not the KLM-KU.

3.  The applicant provides:

* DD Form 214
* DA Form 2-1

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 1 September 1987.  He completed his training and was awarded military occupational specialty (MOS) 68J (aircraft armament/missile systems repairer).  He attained the rank of specialist on 1 November 1989.  On 31 August 1991, he was honorably released from active duty (REFRAD). 

3.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* SWASM with two bronze service stars
* National Defense Service Medal
* Overseas Service Ribbon
* Army Commendation Medal
* Good Conduct Medal
* Expert Marksmanship Qualification Badges with Rifle (M-16) and Grenade Bars
* Aircraft Crewman Badge

4.  Since his DD Form 214 shows the SWASM with two bronze service stars, this portion of his request will not be discussed further in this Record of Proceedings.

5.  Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 27 December 1990 to 17 May 1991.

6.  He enlisted in the Army National Guard (ARNG) on 28 January 1992.

7.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he completed the 2-week Primary Leadership Development Course in 1994.

8.  He was promoted to sergeant on 30 June 1994.  On 19 December 1994, he was honorably discharged from the ARNG.

9.  Army Regulation 600-8-22 (Military Awards) 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 CAB.  However, it is not intended to award the CAB 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 CAB is authorized from 18 September 2001 to a date to be determined.  Only one CAB may be awarded during a qualifying period.

10.  Army Regulation 600-8-22 states the NCOPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NCOPDR with the numeral which identifies the highest level of NCOES successfully completed as follows:

* Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

11.  Army Regulation 600-8-22 states the KLM-SA 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.

12.  Army Regulation 600-8-22 states the KLM-KU 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.



13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  Since the CAB is only retroactive to 18 September 2001, there is no basis for granting the applicant's request to award him the CAB and add this badge to his DD Form 214 for the period ending 31 August 1991.

2.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD.  Since it appears he earned the NCOPDR after his REFRAD, there is no basis for adding this award to his DD Form 214.

3.  Based on his service in Southwest Asia, he is authorized award of the 
KLM-SA and KLM-KU.  Therefore his DD Form 214 should be corrected to show these medals.

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 is 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 award of the KLM-SA and KLM-KU to his DD Form 214.



2.  The Board further determined 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 CAB and NCOPDR.



      ____________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)                                         AR20130004118



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ABCMR Record of Proceedings (cont)                                         AR20130004118



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