IN THE CASE OF:	   

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130014805 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Combat Infantryman Badge, Kuwait Liberation Medal (Kuwait), Kuwait Liberation Medal (Saudi Arabia), Army Service Ribbon, Military Free Fall Parachutist Badge, Combat Action Badge, and the Soldier's Medal.

2.  The applicant states:

	a.  In 1991 he was assigned to the Special Forces School at Ft. Bragg and served in-country with the 10th Special Forces Group (10th SFG) during Operations Desert Storm, Desert Shield, and Provide Comfort.  His initial overseas assignment was at Incirlik, Turkey.  During this time he went on numerous missions with Special Forces as a Combat Infiltration Noncommissioned Officer (NCO).  

	b.  His initial military occupational specialty (MOS) was "43EW8."  Upon being assigned to 10th SFG, his MOS was changed to 00D (Special Duty Assignment).  His W8 identifier shows he was a Special Forces Military Free Fall qualified.  He was trained in Special Forces combat tactics, as a Weapons Sergeant, and was a Special Forces high altitude/low opening (HALO) Rigger.  He participated in numerous missions with the Canadian, Italian, and Foreign Legion forces, as a "CDS" container load specialist and ground operations drop zone NCO.  He also assisted with the ground operations, delivering combat supplies and feeding and 
providing medical supplies to the Kurdish refugees in the mountains.  The areas of operations he served in were Kuwait, Saudi Arabia, Syria, Iraq, and Bahrain as well as in other unnamed areas.  He was exposed numerous times to hostile fire.  

   c.  He was put in for the Soldier's Medal twice, once for saving a Soldier on a combat training jump and once for saving a lady in a car accident.  Both incidents were at Ft. Bragg.  He did his part and earned the medals but the Army did not do their part and annotate his records accordingly.  Not being a file clerk, he did not know the regulations pertaining to the procedures and administrative requirements for proper documentation of awards.  
   
   d.  He was unaware that his service records lacked these awards, ribbons, and badges until his Veterans of Foreign Wars (VFW) (post) commander brought it to his attention.  His service and dedication should not be overlooked because of his lack of knowledge at the time.  He was in Special Forces units his whole career and they did not always keep up with handing out awards or commendations.  He earned these awards but the Army failed to annotate his records accordingly.

3.  The applicant provides no supporting documentation.

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, with 3 years and 2 months of prior U.S. Army Reserve service, enlisted in the Regular Army on 7 July 1989, receiving the military MOS 43E1P (Parachute Rigger - parachutist qualified).

3.  The applicant completed the Military Free Fall Parachutist course on 28 June 1990 and was awarded the additional skill identifier W8 (Special Forces Military Free Fall Operations).

4.  He was deployed to Saudi Arabia from 16 April 1991 through 9 May 1991.

5.  His record includes documentation for award of the Army Commendation Medal with first oak leaf cluster, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Good Conduct Medal, Humanitarian Service Medal, Army Service Ribbon, Kuwait Liberation Medal (Saudi Arabia), Noncommissioned Officer Professional Development Ribbon, Joint Meritorious Unit Award, (U.S.) Army Parachutist Badge, (U.S.) Army Parachute Rigger Badge, Australian Army Parachutist Badge, Ecuadorean Parachutist Badge, Ivory Coast Parachute Wings, Spanish Armed Forces Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  On 27 July 1994, the applicant received a general discharge.  He had a total of 5 years, 6 months, and 25 days of creditable active duty with no lost time.  

7.  His DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Ecuadorean Parachutist Badge, Spanish Armed Forces Parachutist Badge, Good Conduct Medal, Australian Army Parachutist Badge, Army Commendation Medal with first oak leaf cluster, (U.S.) Army Parachutist Badge, (U.S.) Army Parachute Rigger Badge, Ivory Coast Parachute Wings, Southwest Asia Service Medal with two bronze service stars, Humanitarian Service Medal, Joint Meritorious Unit Award, and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) states the Special Duty Assignment MOS 00D is only a duty position as listed on all Tables of Distribution and Allowances and Modified Tables of Organization and Equipment.  This code is never to be used as a primary MOS (PMOS).  The Soldier's PMOS will remain their branch area of concentration while assigned to this position.

9.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Award of the Soldier's Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
   
   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.  There are three basic requirements for award of the Combat Infantryman Badge:
   
      (1)  the Soldier must have an infantry or special forces specialty (career management field 18);
   
      (2) must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat; and 
   
      (3)  A recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty, in a unit actively engaged in ground combat with the enemy. 
   
   e.  The Combat Action Badge was established in May 2005 to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy.  Award of the Combat Action Badge is branch and MOS immaterial.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. 
   
   f.  The Military Free Fall Parachutist Badge (Basic) is authorized to Soldiers who have completed a prescribed program of instruction in military free fall approved by the U.S. Army John F. Kennedy Special Warfare Center and School; or who have executed a military free fall combat jump.

10.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the records do not contain any evidence that he performed any acts warranting award of the Soldier's Medal and in accordance with regulation he may not recommend himself for award of medal.  

2.  While the available evidence is insufficient for awarding the applicant a Soldier's Medal, this in no way affects his right to pursue his claim for the Soldier's Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The Combat Action Badge was not authorized for award prior to 18 September 2001, seven years after the applicant was discharged.  As it is not retroactive to the applicant's period of service, award of the Combat Action Badge is not warranted. 

4.  The applicant has not provided and the record contains no evidence he held an infantry or Special Forces MOS or was assigned to an infantry or Special Forces unit while it was engaged in active ground combat, or that he was personally present and under hostile fire while serving in that unit.  Therefore, award of the Combat Infantryman Badge is not warranted.

5.  The Kuwait Liberation Medal (Kuwait) was not authorized until after the applicant was discharged; however, it was made retroactive to cover the period the applicant served in Southeast Asia.  It is appropriate to show the applicant is authorized this award by adding it to his DD Form 214.

6.  The eligibility period for award of the Kuwait Liberation Medal (Saudi Arabia) ended prior to the applicant's arrival in the theater of operations.  Therefore, he is not entitled to this award.
7.  The applicant completed the required schooling for award of the Military Free Fall Parachutist Badge (Basic).  It is appropriate to add this award to his DD Form 214.  

8.  The applicant's award of the Army Service Ribbon is already listed on his DD Form 214. 

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 showing that, in addition to the awards shown on his 27 July 1994 DD Form 214, he is also authorized the - 

* Kuwait Liberation Medal (Kuwait) 
* Military Free Fall Parachutist Badge (Basic)

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 award of the - 

* Soldier's Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Combat Action Badge
* Combat Infantryman Badge



      ____________x_____________
                  CHAIRPERSON
       
he 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)                                         AR20130014805





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ABCMR Record of Proceedings (cont)                                         AR20130014805



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