IN THE CASE OF:	  

		BOARD DATE:  27 March 2014

		DOCKET NUMBER:  AR20130014031 


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) to show all awards he is authorized, including the Combat Infantryman Badge or Combat Action Badge, Valorous Unit Award, and "battle stars" (bronze service stars).  

2.  The applicant states when he was being released from active duty he didn't pay much attention; he just wanted out.  While submitting a claim to the Department of Veterans Affairs, his service officer pointed out that awards were missing, including the Combat Infantryman Badge or Combat Action Badge and "battle stars" (bronze service stars).  

3.  The applicant provides an article from the internet concerning the Valorous Unit Award and the Southwest Asia Service 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.  On 10 August 1989, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67Y (Attack Helicopter Repairer).

3.  His DA Form 2-1 (Personnel Qualification Record) provides the following information:

	a.  Item 5 (Oversea Service) shows he was on temporary duty (TDY) for 
5 months to Saudi Arabia from 7 December 1990 to 23 April 1991.

	b.  Item 9 (Awards, Decorations & Campaigns) shows he is authorized the Joint Meritorious Unit Award (JMUA).

	c.  Item 35 (Record of Assignments) shows he was assigned to P Troop, 
2nd Armored Cavalry Regiment (ACR), Germany from 31 January 1990 to 
14 February 1992.

4.  Documents in his record dated prior to and after his TDY service in Saudi Arabia show he was assigned to the 4th Squadron, 2nd ACR.

5.  On 19 October 1993, he was released from active duty.  His DD Form 214 shows he was awarded the:

* Army Service Ribbon
* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal
* National Defense Service Medal
* Aircraft Crewman Badge

6.  Item 18 (Remarks) of his DD Form 214 contains an entry showing he was deployed to Southwest Asia from 7 December 1990 to 23 April 1991.

7.  The applicant provided an article concerning the Valorous Unit Award and highlighted the following units receiving the award:

* Headquarters and Headquarters Troop (HHT), 2nd ACR
* 2nd Squadron (Combat Aviation), 2nd ACR
* 2nd Squadron (Support), 2nd ACR

8.  Department of the Army General Order (DAGO) 27, dated 27 December 1994, confirmed award of the Valorous Unit Award for the period 23 to 26 February 1991 to HHT, 2nd ACR, and assigned or attached units which included:

* 2nd Squadron (Combat Aviation), 2nd ACR
* 2nd Squadron (Support), 2nd ACR

The DAGO does not list the 4th Squadron, 2nd ACR, among the assigned or attached units that received the award.

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

	a.  Service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

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

	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.

	d.  The award of the Combat Infantryman Badge requires that 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.  

	e.  The award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  

10.  Army Regulation 635-5 (Separations Documents), then in effect, stated the 
DA Form 2-1 was among the source documents to be used when preparing the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The Joint Meritorious Unit Award is shown on his DA Form 2-1.  Therefore, this award should be added to his DD Form 214.

2.  Based on his 5 months TDY to Saudi Arabia he is authorized the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

3.  DAGO 27, dated 27 December 1994, verifies the units he highlighted in the article from the internet as having been awarded the Valorous Unit Award.  However, there is no evidence the applicant was assigned to one of the units listed in the DAGO during the period cited for the award.  Therefore, there is insufficient evidence to add the Valorous Unit Award to his DD Form 214.

4.  He did not hold an infantry MOS and he was not assigned to an infantry unit.  Therefore, he was not eligible for award of the Combat Infantryman Badge.

5.  The Combat Action Badge is not authorized for the applicant's period of service.  

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 amending his DD Form 214 with a separation date of 19 October 1993 by deleting the Kuwait Liberation Medal and adding the:
* Joint Meritorious Unit Award
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

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:

* Valorous Unit Award
* Combat Infantryman Badge
* 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)                                         AR20130014031



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ABCMR Record of Proceedings (cont)                                         AR20130014031



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