IN THE CASE OF:	  

		BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20130014799 


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 award of the Bronze Star Medal, Purple Heart, Army Commendation Medal, and any other awards he may be entitled to for his service.  He further requests correction of his DD Form 214 to show his military occupational specialty (MOS) as 12E (Atomic Demolition Munitions Specialist) instead of 12B (Combat Engineer) and correction of the duration of his service in Southwest Asia.

2.  The applicant states he was discharged prior to final processing of all Operation Desert Storm and expiration of term of service awards and he would like to eliminate any valor accusations.

3.  The applicant provides no additional 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 July 1977.  He completed basic combat training; however, he was unable to successfully complete advanced individual training in MOS 13E (Cannon Fire Direct Support Specialist).  He subsequently completed training in MOS 05E (Voice Radio Operator).  In 1981, he completed the MOS 12E course at the U.S. Army Engineer School at Fort Belvoir, VA, and the evidence shows he served in MOS 12E from 1 May 1981 to 2 May 1985.

3.  On 29 July 1991, he was honorably discharged.  His DD Form 214 shows he was awarded the:

* Army Service Ribbon
* Army Commendation Medal
* Army Achievement Medal
* Overseas Service Ribbon with Numeral 3
* Army Good Conduct Medal (4th Award)
* Noncommissioned Officer Professional Development Ribbon with  Numeral 2
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Grenade Bar, Pistol Bar (.45 Caliber), and Machine Gun Bar (M-60)
* U.S. Army Basic Recruiter Badge with three Gold Achievement Stars
* U.S. Army Gold Recruiter Badge

4.  His DD Form 214 further shows he served in Southwest Asia from 13 March to 24 March 1991.

5.  Item 11 (Primary Specialty) of his DD Form 214 lists his primary MOS's as:

* 00R – Recruiter/Retention Noncommissioned Officer – 3 years
* 31C – Single Channel Radio Operator – 3 years and 5 months
* 12B – Combat Engineer – 10 years

6.  The applicant's military records contain no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  His military records also do not contain orders awarding him the Purple Heart or Bronze Star Medal.

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

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  The Southwest Asia Service Medal was 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 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)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)

	e.  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.

8.  Army Regulation 635-5 (Personnel Separations), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army.  The regulation provided for the entry in item 11 (Primary Specialty) to enter the primary MOS and all additional MOS's served for a period of 1 year or more during the Soldier's continuous active military service.  For each MOS, list the title and the years and months served.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal, Purple Heart, Army Commendation Medal, and any other awards he may be entitled to has been carefully considered.

2.  The applicant's DD Form 214 shows award of an Army Commendation Medal.  His records are void of evidence and he provided no evidence which would support an additional award of the Army Commendation Medal.

3.  The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, including award of the Bronze Star Medal.  The applicant provides no evidence and his records contain no evidence to support award of the Bronze Star Medal.

4.  The applicant's service in Southwest Asia is not in question.  However, his records contain no medical treatment records or other documents which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in Southwest Asia.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart.

5.  The applicant provided no evidence to support his contention that his service in Southwest Asia is anything other than what is listed on his DD Form 214.  However, his DD Form 214 shows he served a qualifying period (13 March through 24 March 1991) for award of the Southwest Asia Service Medal.  The evidence also shows he participated in one campaign while serving in Southwest Asia.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Southwest Asia Service Medal with one bronze service star.

6.  The evidence shows he served a qualifying period in a designated location for award of the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign award.

7.  With regard to showing the applicant's MOS of 12E on his DD Form 214, the regulation in effect at the time stated to enter the primary MOS and all additional MOS's served for a period of 1 year or more during the Soldier's continuous active military service.  The evidence shows the applicant served in MOS 12E from 1 May 1981 to 2 May 1985; therefore, item 11 his DD Form 214 should be corrected to show "12E2O Atomic Demolition Munitions Specialist – 4 years."  However, there is no evidence to show he did not also hold MOS 12B.

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:

	a.  adding the entry "12E2O Atomic Demolition Munitions Specialist – 4 years" to item 11 of his DD Form 214 and

	b.  adding award of the Southwest Asia Service Medal with one bronze service star and Kuwait Liberation Medal-Kuwait 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 award of the Bronze Star Medal, Purple Heart, and Army Commendation Medal, and deletion of MOS 12B from his DD Form 214.



      ____________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)                                         AR20130014799



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ABCMR Record of Proceedings (cont)                                         AR20130014799



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