IN THE CASE OF:	

		BOARD DATE:	  24 April 2014

		DOCKET NUMBER:  AR20130014901 


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:

* Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU)
* Kuwait Liberation Medal awarded by the Government of Saudi Arabia (KLM-SA)
* Combat Infantryman Badge (CIB)
* Driver and Mechanic Badge 
* Master Parachutist Badge

2.  He states he was forced to retire after returning from Desert Storm and his unit failed to update his military personnel file.

3.  He provides:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record - Part II)
* Internet award documents

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.  After serving 3 years, 5 months, and 1 day in the Air Force, on 7 August 1974, the applicant enlisted in the Regular Army.  He served in Southwest Asia from 
11 August 1990 to 16 March 1991 and through multiple reenlistments in a variety of assignments.  He attained the rank/grade of sergeant first class (SFC)/E-7 and he was honorably retired on 31 December 1991. 

3.  His DD Form 214 shows the:

* Army Service Ribbon
* National Defense Service Medal (NDSM) 
* Army Good Conduct Medal (5th Award)
* Overseas Service Ribbon (3rd Award)
* Army Commendation Medal (4th Award)
* Noncommissioned Officer Professional Development Ribbon with
Numeral "3"
* Drill Sergeant Identification Badge
* Army Achievement Medal (2nd Award)
* Meritorious Service Medal (3rd Award)
* Parachutist Badge

4.  Item 5 (Overseas Service) of his DA Form 2-1 shows he served in Korea from 12 April 1981 to 11 April 1982.

5.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows the Master Parachutist Badge, but this award is lined through and his record is void of any orders or documentation indicating he was awarded or qualified for this badge.  It also shows the Driver Badge, but there is no indication of what type of vehicle he qualified with and his record is void of orders or documentation to verify the component bar.  Item 9 also shows the following awards that are not listed on his DD Form 214:

* Air Force Good Conduct Medal
* Air Force Qualification Ribbon with Rifle Bar (M-16)
* CIB
* NDSM (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Headquarters, 82d Airborne Division, Permanent Orders 96-133, dated 
18 May 1991, show the applicant was awarded the CIB, effective 23 February 1991, for satisfactory performance of duty as an infantryman in active ground combat.

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

	a.  The Southwest Asia Service Medal (SWASM) 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 credited campaign.  Approved designated campaigns include:

* 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 (KLM) awarded by the Government of Kuwait (KLM-KU) 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.

	c.  The KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 Master Parachutist Badge requires a rating of “excellent” in character and efficiency, completion of 65 jumps (25 with combat equipment, 4 night jumps with 1 as jumpmaster, and 5 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months.

	e.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria

	f.  The Driver and Mechanic Badge requires that a Soldier must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card issued as prescribed by appropriate regulations, and 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 recorded on his/her qualification record or perform satisfactorily for a minimum of 1 year as an active qualified driver instructor or motor vehicle driver examiner.  Component bars are authorized only for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation states for enlisted Soldiers list in item 13 awards and decorations for all periods of service. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Southwest Asia from 
11 August 1990 to 16 March 1991.  This service qualifies him for award of the SWASM.  Additionally, he participated in two campaigns during this period of service.  Therefore, he is entitled to the award of the SWASM with two bronze service stars and correction of his DD Form 214 to show this award.

2.  His service in Southwest Asia also qualifies him for award of the KLM-KU and the KLM-SA.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows he served in Korea from 12 April 1981 to 
11 April 1982.  Therefore, he served during a qualifying period for award of the KDSM and is entitled to correction of his DD Form 214 to show this award.

4.  Orders awarded the applicant the CIB.  Therefore, his DD Form 214 should be corrected to show this award.

5.  His DA Form 2-1 verifies that he was awarded the Air Force Good Conduct Medal, Air Force Qualification Ribbon with Rifle Bar (M-16), and the NDSM (2nd Award).  Additionally, the form shows he qualified expert with the M-16 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

6.  Although his DA Form 2-1 lists the Master Parachutist Badge, it is lined through and there is no documentation indicating he was awarded or qualified for this badge.  This form also shows the Driver Badge, but there is no indication of the vehicle qualification type.  Therefore, in the absence of orders or documentation to verify these awards there is an insufficient basis to add these awards to 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:

a. deleting from his DD Form 214 the National Defense Service Medal; and

b. adding to his DD Form 214 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Kuwait
* Kuwait Liberation Medal - Saudi Arabia
* Korea Defense Service Medal
* National Defense Service Medal (2nd Award)
* Combat Infantryman Badge
* Air Force Good Conduct Medal
* Air Force Qualification Ribbon with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 Driver and Mechanic Badge and the Master Parachutist 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)                                         AR20130014901





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ABCMR Record of Proceedings (cont)                                         AR20130014901



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