IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140002034 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his awards of the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM)(2nd Award), Armed Forces Expeditionary Medal (AFEM), Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), 3rd Armored Division Combat Patch, Presidential Unit Citation (PUC), and the Expert Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant states he was assigned temporary duty immediately after graduating from his advanced individual training to the 3rd Armored Division and deployed to Southwest Asia (SWA) and then to Fort Sill, Oklahoma.  His awards were not included on his DD Form 214 at the time of his discharge.  His unit at Fort Sill wore the PUC, but it was not added to his DD Form 214.  He qualified expert with the M-16 2 weeks before his release from active duty (REFRAD) that also was not included on his DD Form 214.  He does not have any documents to show his qualification.

3.  The applicant provides a two-page statement explaining his application, copies of orders assigning him to the 3rd Armored Division, a verification of his tour in SWA, orders assigning him to Fort Sill, a hand receipt for issue of a PUC, DD Form 214, orders awarding him the ARCOM, a certificate of commendation, orders awarding him the AAM, a certificate awarding him another AAM (absent orders), and an awards chart indicating awards he has and awards he believes he is entitled to receive.  

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 6 September 1990.  He completed his basic training and his advanced individual training and was transferred to Fort Benning, Georgia for further assignment to the 3rd Armored Division in SWA during the period 14 February – 22 May 1991.

3.  Upon his return from SWA he was assigned to Fort Sill, Oklahoma (5th Battalion, 18th Field Artillery Regiment (5/18th)).  The 5/18th was awarded the PUC for action during the Korean War.  He remained at Fort Sill until he was honorably REFRAD.  He had served 2 years and 14 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, and the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  A review of the available records failed to reveal orders for the AAM Certificate which the applicant submitted without orders; however, upon close examination, it appears that both AAMs are for the same timeframe of service and signed by different issuing officials.  Additionally, the applicant’s DA Form   2-1 (Personnel Qualification Record – Part II) shows that the applicant qualified expert with the M-16 rifle.  There is no evidence to show he was awarded or is eligible for award of the AFEM.

5.  Orders dated 28 June 1991 awarded him the ARCOM.  

6.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

7.  Army Regulation 670-1 governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   

8.  Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal 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.

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

11.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

12.  Army Regulation 635-5 at the time served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only the last unit of assignment will be entered on the DD Form 214.  There are no provisions for entering multiple units of assignment on the DD Form 214.  However, it does provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."  It also states that only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation or commendation, and similar documents are not listed. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the ARCOM should be added to his DD Form 214 has been noted and found to have merit.  The applicant has provided duly-authenticated orders for that award and it should be added to his DD Form 214 at this time.

2.  The applicant’s contention that two awards of the AAM should be added to his DD Form 214 has only partial merit.  He has provided orders for one award of the AAM and it should be added to his DD Form 214.  However, absent orders for the second award, which appears to be for the same period of service as the first, there appears to be no basis to add that award to his DD Form 214.

3.  The applicant served in SWA during a qualifying period for awards of the KLM-K and KLM-SA.  Accordingly, they should be added to his DD Form 214 at this time.

4.  The applicant served in SWA during the period 19910214 – 19910522 and that information should be added to his DD Form 214.

5.  The applicant’s contention that his DD Form 214 should be corrected to show award of the AFEM has been noted.  The applicant has provided and his records contain no evidence to show he is entitled to award of the AFEM.  Therefore, there appears to be no basis to grant that request.

6.  The applicant’s contention that the PUC should be added to his DD Form 214 because his unit at Fort Sill earned that award and it was issued to him also lack merit.  The PUC was awarded to his unit during the Korean War and as such is only authorized for temporary wear while assigned to the unit.

7.  The applicant’s contention that his combat patch should be added to his DD Form 214 also lacks merit as it is a uniform item and not a decoration or award and is not authorized for entry on the DD Form 214.

8.  The applicant’s contention that the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) should be added to his DD Form 214 has been noted.  His DA Form 2-1 shows that he qualified expert with the M-16 rifle on 10 July 1992.  Accordingly, his DD Form 214 should be corrected to add that badge.

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:

* Deleting the entry “Rifle  M16 (Sharpshooter)” from his DD Form 214
* Adding the ARCOM, AAM, KLM-K, KLM-SA, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214
* Adding the entry “Service in SWA 19910214 – 19910522” to item 18 of his DD Form 214

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 adding two awards of the AAM, AFEM, PUC, and his combat patch to 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)                                         AR20140002034





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ABCMR Record of Proceedings (cont)                                         AR20140002034



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