IN THE CASE OF:	  

		BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130012697 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 13 January 1992 to show the Valorous Unit Award and the Southwest Asia Service Medal with three vice two bronze service stars. 

2.  The applicant also requests, in effect, an upgrade of his Army Commendation Medal to an Army Commendation Medal with "V" Device. 

3.  The applicant states he received the Valorous Unit Award.  He also received three bronze service stars with his Southwest Service Medal.  He adds that the commendation should be with a "V" device.  After all, he did engage the enemy in combat.  How can one qualify for the Valorous Unit Award but not valorous for his own award?  This is a conflict with him. 

4.  The applicant provides:

* DD Form 214, ending on 13 January 1992
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), ending on 30 January 1998
* NGB Form 22, ending on 15 March 2010
* Army National Guard (ARNG) Honorable Discharge Certificate
* Letter from the National Personnel Records Center
* General Orders (GO) Number 27
* Certificate of Commendation "Operation Desert Storm"
* Internet printout of the 9th Engineer Battalion participation in Operation Desert Storm
* Internet printout of VII Corps and subordinate units’ participation in Operation Desert Storm
* DA Form 638 (Recommendation for Award of the Legion of Merit and Below) and certificate awarding him the Army Commendation Medal

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.  With respect to upgrading the applicant's award of the Army Commendation Medal to add a "V" Device:  

	a.  Based upon his application, the evidence of record, and accompanying supporting documents the applicant submitted, it does not appear that he was recommended for or awarded the Army Commendation Medal with "V" Device.  

	b  Army Regulation 600-8-22 (Military Awards) states in paragraph 1-14 (Time Limitations), except for the provisions of Section 1130, Title 10, U.S. Code (USC), each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command."  However, pursuant to Title 10, USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy.  

	c.  Title 10, USC, section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10, USC, section 1130, the applicant must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	d.  Title 10, USC, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, the applicant must submit his request through a Member of Congress who will send it to the U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	e.  Army Regulation 15-185, the regulation under which this Board operates, states in paragraph 2-5 that the ABCMR will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.  If the applicant choose to pursue the award requested by submitting a request under the provisions of Title 10, USC, section 1130, and his request is subsequently denied by HRC, he may reapply to the ABCMR along with a copy of their denial.  As a result, the issue of the Army Commendation Medal with "V" Device will not be discussed further in the Record of Proceedings. 

3.  The applicant's records show he enlisted in the Regular Army on 5 January 1989 and he held military occupational specialty 12B (Combat Engineer).  

4.  His contemporaneous DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Southwest Asia from 5 December 1990 to 3 May 1991.  He was assigned to A Company, 9th Engineer Battalion. 

5.  Permanent Orders 102-92, issued by Headquarters, 7th Engineer Brigade, on 17 May 1991 awarded him the Army Commendation Medal for achievement from 4 December 1990 to 28 February 1991 while assigned to A Company, 9th Engineer Battalion, in support of Operation Desert Shield/Storm. 

6.  He was honorably released from active duty on 13 January 1992 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 

7.  His DD Form 214 for this period of service shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Good Conduct Medal, Overseas Service Ribbon, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, Army Lapel Button, National Defense Service Medal, Army Commendation Medal; and See item 18 (Remarks). 

	b.  Item 18, the Southwest Asia Service Medal with two bronze service stars.  No service in Southwest Asia is listed in item 18.

8.  He enlisted in the RA on 7 April 1993 and he was assigned to the 20th Engineer Battalion, Fort Hood, TX.  He was honorably released from active duty on 3 August 1994.  His DD Form 214 shows in item 13 the:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
* Southwest Asia Service Medal with two bronze service stars

9.  Department of the Army General Orders Number 27, issued on 27 December 1994, awarded A Company, 9th Engineer Battalion, the Valorous Unit Award for extraordinary heroism from 24 February 1991 to 26 March 1991. 

10.  Army Regulation 600-8-22 states:

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 - 30 November 1995)

	c.  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.

	d.  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.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Southwest Asia from 5 December 1990 to 3 May 1991.  He was awarded the Southwest Asia Service Medal.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  There were three approved campaigns during this period.  Therefore, the applicant is entitled to award of the Southwest Asia Service Medal with three vice two bronze service stars and correction of his DD Forms 214 ending on 13 January 1992 and on 3 August 1994 to show this award.  

2.  The applicant is also entitled to have this combat service listed in item 18 of his DD Form 214, ending on 13 January 1992. 

3.  Based on his service in Southwest Asia he served during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  Therefore, he is entitled to correction of his DD Forms 214, ending on 13 January 1992 and on 3 August 1994, to show these awards.

4.  GO awarded his unit in Southwest Asia the Valorous Unit Award.  Therefore, he is entitled to correction of his DD Forms 214, ending on 13 January 1992 and on 3 August 1994, to show this unit award. 





BOARD VOTE:

_____X___  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

* deleting from item 18 of his DD Form 214 ending on 13 January 1992 the Southwest Asia Service Medal with two bronze service stars
* adding to item 13 of his DD Form 214 ending on 13 January 1992 the Southwest Asia Service Medal with two bronze service stars, Valorous Unit Award, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)
* adding to item 18 of his DD Form 214 ending on 13 January 1992 the entry "Service in Southwest Asia from 19901205-19910503"
* deleting from item 13 of his DD Form 214 ending on 3 August 1994 the Southwest Asia Service Medal with two bronze service stars
* adding to item 13 of his DD Form 214 ending on 3 August 1994 the Southwest Asia Service Medal with two bronze service stars, Valorous Unit Award, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)




      _______ _   _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)                                         AR20130012697





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ABCMR Record of Proceedings (cont)                                         AR20130012697



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