IN THE CASE OF:	  

		BOARD DATE:	    21 November 2013

		DOCKET NUMBER:  AR20130004775 


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, in two applications, request correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 March 1991 to show the:

* Noncommissioned Officer Professional Development Ribbon (NPDR)
* Armed Forces Reserve Medal (AFRM) with "M" Device
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rocket Launcher Bar
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Driver and Mechanic Badge with Driver-T Bar

2.  The applicant states:

	a.  He attended the Primary Leadership Development Course (PLDC) in Germany but his DD Form 214 does not show the NPDR.  He earned the Pistol Bar because it was his primary weapon as a combat medic.  He earned the Driver and Mechanic Badge with Driver-T Bar while serving in an Armored Division and driving tracked vehicles.  The Rocket Launcher and Machinegun Bars were earned during live-fire maneuvers.

	b.  He was called back to active duty for Operation Desert Shield/Desert Storm but his DD Form 214 does not reflect the AFRM with "M" Device or the 


Kuwait Liberation Medals for Saudi Arabia and Kuwait recognition.  He is on the honor guard for his local American Legion and he wants to represent himself properly.

3.  The applicant provides:

* a self-authored statement, dated 14 January 2013
* two DD Forms 214 for the period ending 4 September 1990 and 28 March 1991
* DD Form 215 (Correction to DD Form 214), dated 2 January 1992
* one page of his DA Form 2-1 (Personnel Qualification Record)
* one page of a memorandum, titled American Legion Post Honor Guard, dated 1 January 2013
* a partially legible/viewable e-mail with photos of marksmanship qualification badges
* a letter from the National Personnel Record Center (NPRC), St Louis, MO, dated 4 March 2013
* a letter from the Army Review Boards Agency (ARBA), Case Management Division, dated 4 March 2013

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 (RA) on 5 March 1987.  He held military occupational specialty (MOS) 91A (Medical Specialist).  He served in Germany from 9 August 1987 to 2 July 1990 while assigned to the 2nd Battalion, 66th Armor Regiment, 2nd Armored Division (Forward), Germany.  He was promoted to the rank/grade of specialist (SPC)/E-4 on 5 October 1988.

3.  On 4 September 1990, he was honorably released from active duty at the expiration of his term of service in the rank of SPC and he was transferred to the 


U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years and 6 months of creditable active service during this period of service.  His DD Form 214 for this period shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* Overseas Service Ribbon 
* Army Achievement Medal (2nd Oak Leaf Cluster)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

	b.  item 14 (Military Education) completion of the 10-week Medical Specialist Course in July 1987.

4.  On 31 January 1991, he was ordered active duty in support of Operation Desert Shield/Desert Storm.  He was assigned to the U.S. Army Medical Activity Command, Fort Benning, GA.

5.  On 28 March 1991, he was honorably released from active duty at the expiration of his term of service and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 1 month and 28 days of creditable active service this period.  His
DD Form 214 for this period shows in:

	a.  item 13 the:

* Army Service Ribbon
* Overseas Service Ribbon 
* Army Achievement Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

	b.  item 12f (Foreign Service) the entry "00  00  00," indicating no foreign service performed during this period of service.


	c.  Item 18 (Remarks) the entry "Soldier ordered to active duty in support of Operation Desert Shield/Storm IAW [in accordance with] 10 USC 673C [Title 10, U.S. Code, section 673C]."

6.  His record contains a complete DA Form 2-1 that shows in:

	a.  item 9 (Awards, Decorations & Campaigns) the:

* Army Service Ribbon
* Army Achievement Medal (3rd Award)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar

	b.  item 17 (Civilian Education and Military Schools) he:

* completed high school in 1984
* completed MOS training in 1987

7.  There is no evidence of record and he did not provide any evidence that shows he attended and successfully completed PLDC.  His record is also void of orders for the Expert Marksmanship Qualification Badge with Pistol Bar, Expert Marksmanship Qualification Badge with Rocket Launcher Bar, Expert Marksmanship Qualification Badge with Machinegun Bar, or the Driver and Mechanic Badge with Driver-T Bar.

8.  On 2 January 1992, a DD Form 215 was issued to correct, in part, his
DD Form 214 for the period ending 28 March 1991 by:

* deleting the Army Achievement Medal
* adding the Army Achievement Medal (3rd Award)

9.  On 7 March 1995, he was honorably discharged from the USAR.

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

	a.  The AFRM is awarded to members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302 (renumbered 


from 673), 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  The "M" Device is worn on the AFRM to denote service by Reserve Component (RC) personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was 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.

	d.  The NPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and USAR Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NPDR with the numeral that identifies the highest level of NCOES successfully completed.  The Bar Ribbon Device equals the Primary Level.  Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official.

	e.  Marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events.  Component bars, in part, are authorized for the rifle, pistol, machine gun, rocket launcher, and grenade.

	f.  The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Commanders of brigades, regiments, separate battalions, and any commander in the rank of lieutenant colonel or higher may approve award of the Driver and Mechanic Badge.  Component bars authorized for wear on this badge include the Driver-T Bar for drivers of tracked vehicles.  The eligibility requirements for drivers require that a Soldier must be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months, or during 


at least 8,000 miles with no government motor vehicle accident or traffic violation, or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was ordered to active duty on 31 January 1991 in support of Operation Desert Shield/Desert Storm and he served during a qualifying period of service for entitlement to the Armed Forces Reserve Medal with "M" Device.  Therefore, his DD Form 214 for the period ending 28 March 1991 should be corrected to show this award

2.  With respect to the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait), the requirements for these medals requires service in Southwest Asia between 17 January and 28 February 1991, and 2 August 1990 and 31 August 1993, respectively.  Although the applicant served on active duty from 31 January to 28 March 1991, there is no evidence and he did not provide any evidence that shows he physically served in Southwest Asia during his active duty service.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  With respect to the NPDR, there is no evidence of record and he did not provide any evidence that shows he attended and completed PLDC or any of the qualifying NCO professional development courses for entitlement to the NPDR.  Therefore, there is an insufficient evidentiary basis for granting this portion of his requested relief.

4.  With respect to the Expert Marksmanship Qualification Badges with Pistol, Rocket Launcher, and Machinegun Bars, there is no evidence of record and he did not provide any evidence that shows he qualified expert for entitlement of these badges.  Therefore, there is an insufficient evidentiary basis for granting this portion of his requested relief.

5.  With respect to the Driver and Mechanic Badge with Driver-T Bar, there is no evidence of record and he did not provide any evidence that shows he met the qualifications for award of this badge.  In addition, his record is void of orders and he did not provide any orders that awarded him the Driver and Mechanic Badge with Driver-T Bar.  Therefore, there is an insufficient evidentiary 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 his DD Form 214 for the period ending 28 March 1991 the Armed Forces Reserve Medal with "M" Device.

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 Kuwait Liberation Medal for Saudi Arabia and Kuwait; NPDR; Expert Marksmanship Qualification Badge with Pistol, Rocket Launcher, and Machinegun Bars; and the Driver and Mechanic Badge with Driver-T Bar.




      _______ _   _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)                                         AR20130004775



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004775



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1