IN THE CASE OF:	  

		BOARD DATE:	    11 June 2014

		DOCKET NUMBER:  AR20130019081


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 he was awarded or authorized the Combat Action Badge, the Army Achievement Medal (AAM), and the Driver and Mechanic Badge.  

2.  The applicant states:

* he participated in combat during the Persian Gulf War (Operations Desert Shield and Desert Storm); however, he was not awarded the Combat Action Badge and it does not appear on his DD Form 214
* he was awarded the Army Achievement Medal for service during Operations Desert Shield and Desert Storm; however, it does not appear on his DD Form 214
* he was awarded the "Drivers Badge"; however, it does not appear on his DD Form 214

3.  The applicant provides a Table of Contents that details the evidence he submits in support of his request.

* DD Form 214
* a letter from the U.S. Army & Joint Services Records Research Center, Alexandria, VA, dated 22 November 2011
* an extract from "Arabian Nights: A Special Publication For and About Air Defense Artillery Veterans of Operation Desert Storm"
* a letter from the Force Structure and Unit History Branch, U.S. Army Center for Military History, Fort Lesley J. McNair, DC, undated
* a computer-generated document titled "Outline of the 3rd Armored Cavalry Regiment's (ACR) Service During Operation Desert Shield/Desert Storm"
* an extract of his DA Form 2a (Personnel Qualification Record, Part I – Enlisted Peacetime)
* DA Forms 3686 (JUMPS – Army Leave and Earnings Statement), for the period 1-28 February 1991 and 1-31 March 1991
* the Department of Defense basic pay chart for calendar year 1990
* DA Form 638 (Recommendation for Award (For Other Than Valor) of AAM, Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM), annotated in Part D (Orders Data) with the entries "1-48" and "3 Feb 92"
* Orders 38-02, issued by Headquarters, 4th Squadron, 3rd ACR, Fort Bliss, TX on 13 July 1992

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 13 July 1988, the applicant enlisted in the Regular Army.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 67T (Tactical Transport Helicopter Repairer).  Upon the completion of his initial entry training, he was reassigned to the Republic of Korea.  On or about 8 January 1990, he was reassigned to the continental U.S. (CONUS). 

3.  On or about 10 January 1990, he was assigned to the 4th Squadron, 3rd ACR, at Fort Bliss, TX.

4.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the Kingdom of Saudi Arabia, from on or about 24 September 1990 through on or about 18 March 1991.
5.  On 25 September 1992, he was honorably released from active duty and transferred to the U.S. Army Reserve.  

   a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and 18 (Remarks) of his DD Form 214 shows he was awarded the:

* Army Good Conduct Medal
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Aircraft Crewman Badge
* Kuwait Liberation Medal

   b. Item 18 (Remarks) contains the entry "Service in SWA (Southwest Asia) 900924 to 910318."

6.  His record is void of documentation that shows he was awarded either the AAM or the Driver and Mechanic Badge

7.  He provides:

   a. A DA Form 638 that shows he was recommended for award of the AAM on 27 May 1991.  

* the recommendation is hand-written
* Item 22 (AAM Approval Authority) contains a name and signature, identified as the Squadron Commander, indicating an appropriate authority approved his award
* Part D (Orders Data) contains the entries "1-48" and "3 Feb 92"; however, it is missing all of the other relevant data, including the name and signature of the orders approval authority

   b. Orders 38-02, issued by Headquarters, 4th Squadron, 3rd ACR, Fort Bliss, TX on 13 July 1992.  These orders show he was awarded the Driver and Mechanic Badge with Driver-W Bar (for wheeled vehicles) for meritorious service during the period 12 February 1991 through 13 February 1992.

8.  His records indicate he is entitled to awards which are not shown on his DD Form 214.

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

   a. The Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

   b. The Kuwait Liberation Medal, issued by the Government 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 and 28 February 1991.

   c. The Kuwait Liberation Medal, issued 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.

10.  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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the Combat Action Badge, AAM, and Driver and Mechanic Badge was carefully considered.

2.  He provides a DA Form 638 that shows his Squadron Commander approved his award of the AAM.  Although certain other data is missing, the form contains a Permanent Order number.  While it cannot be determined who issued the Permanent Orders, it is clear the Squadron Commander intended to award him the AAM, as attested to by his signature.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the AAM.

3.  He provides Permanent Orders that show he was awarded the Driver and Mechanic Badge with Driver-W Bar.  This badge is not shown on his                DD Form 214; therefore, his DD Form 214 should be corrected to show it.

4.  He served within the regulatory timeframe for award of the KLM-SA and   KLM-KU.  His DD Form 214 shows he was awarded the Kuwait Liberation Medal; however, it does not distinguish which award he received, and he is entitled to both.  Consequently, it would be appropriate to delete the current entry on his      DD Form 214 and replace it with the entries for both Kuwait Liberation Medals.

5.  He provides numerous documents that show he served in combat during Operation Desert Storm, in support of his contention that he should be awarded the Combat Action Badge.  By regulation, retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  Consequently, he does not meet the criteria for this award and is not entitled to this portion of the requested relief.

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 item 13 of his DD Form 214, for the period ending              31 January 1993,  the entry "Kuwait Liberation Medal"; and
   
   b. amending item 13 of his DD Form 214 to add the:

* AAM
* Driver and Mechanic Badge with Driver-W Bar
* KLM-SA
* KLM-KU

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 correcting his DD Form 214 to show he was awarded or authorized the 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)                                         AR20100010470



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ABCMR Record of Proceedings (cont)                                         AR20130019081



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