BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130016650 


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 Combat Medical Badge (CMB), Air Assault Badge, and Kuwait Liberation Medal (KLM).

2.  The applicant states his awards were left off his DD Form 214 due to the abrupt nature of his discharge.  He also states he is currently rated 50-percent service connected for post-traumatic stress disorder.  For years he did not feel worthy, but he finally decided to ask for a correction after years of therapy.

3.  The applicant provides a copy of his DD Form 214.

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 was serving in the U.S. Army Reserve as a medical specialist when he enlisted in the Regular Army on 31 October 1985 for a period of 3 years.

3.  He was transferred to Korea on 18 November 1985 where he served until 25 November 1986 when he was transferred to Oakland Army Base, California.  He was discharged under honorable conditions on 26 November 1986.  He completed 1 year and 26 days of active service.  His DD Form 214 for this period shows he was awarded or authorized the Army Service Ribbon, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant again enlisted in the Regular Army on 8 September 1989 and was assigned to Fort Campbell, Kentucky.  He deployed with his unit to Southwest Asia on 15 September 1990 and remained in Saudi Arabia until 9 April 1991.

5.  On 29 August 1991, he was again discharged under honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel).  He completed 1 year, 11 months, and 22 days of active service during his current enlistment.  His DD Form 214 for this period shows he was awarded or authorized the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, and Overseas Service Ribbon.  His DD Form 214 shows no deployment in item 18 (Remarks).

6.  A review of his official records failed to show any evidence (orders or entries in his records) showing he was awarded the CMB or Air Assault Badge.

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

	a.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

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

	d.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  Announcement in orders is required.

	e.  The CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.  Announcement in orders is required.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and provided that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that award of the CMB and Air Assault Badge should be added to his DD Form 214 was carefully considered and appears to lack merit.  The applicant failed to show through the evidence of record or evidence submitted with his application that he was awarded either of those awards.  In the absence of such evidence, there appears to be no basis to add those awards to his DD Form 214.

2.  However, the evidence of record does show he served during qualifying periods for award of the KDSM, KLM-SA, and KLM-KU.  Accordingly, these awards should be added to his DD Form 214.

3.  Additionally, the applicant deployed to Southwest Asia during the period 15 September 1990 to 9 April 1991 and is entitled to have this service entered in item 18 of 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 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:

* adding award of the KDSM, KLM-SA, and KLM-KU to his DD Form 214 for the period ending 29 August 1991
* adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19900915-19910409" to item 18 of his DD Form 214 for the period ending 29 August 1991

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 adding award of the CMB and Air Assault Badge to his DD Form 214 for the period ending 29 August 1991.



      __________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)                                         AR20130016650



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ABCMR Record of Proceedings (cont)                                         AR20130016650



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