IN THE CASE OF:  	  

		BOARD DATE:  2 October 2014	  

		DOCKET NUMBER:  AR20140002120 


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 his service in Saudi Arabia and awards.

2.  The applicant states he qualified expert with the M-16 Rifle in Basic Combat Training, but the badge is not listed on his DD Form 214.  He served in Saudi Arabia during the Gulf War and qualified for Kuwait Liberation Medal–Saudi Arabia and Kuwait Liberation Medal–Kuwait.  He adds that he joined the Disabled American Veterans and his records must be updated to show his overseas service and awards.

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 enlisted in the Regular Army on 17 January 1990 for a period of 4 years.  He was awarded military occupational specialty 19K (M1 Armor Crewman).  He was promoted to private first class (PFC)/pay grade E-3 on 1 February 1991.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in –

* item 5 (Oversea Service), Saudi Arabia from 8 January 1991 through
12 May 1991
* item 9 (Awards, Decorations, and Campaigns) –

* Expert Marksmanship Qualification Badge with (9mm) Pistol Bar
* First Class (Expert) Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)

4.  Headquarters, 2nd Brigade, 1st Infantry Division (Mechanized), Fort Riley, KS, Permanent Orders Number 000006-085, dated 10 June 1991, awarded the applicant the Army Commendation Medal with "V" Device for heroism on 
24 February 1991.  The Standard Name Line on the orders show he was assigned to Tank Company C, 3rd Battalion, 37th Armor Regiment.

5.  His DD Form 214 shows he was honorably released from active duty on
3 September 1991 based on hardship and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 7 months, and 17 days of net active service during this period.  It also shows in –

* item 12f (Foreign Service):  4 months and 5 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with (9mm) Pistol Bar
* First Class (Expert) Marksmanship Qualification Badge with Grenade Bar
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)

* item 18 (Remarks):  no deployments

6.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar or either of the Kuwait Liberation Medals.

7.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

8.  The applicant's military personnel records failed to reveal any adverse information or evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal for the period of service under review.

9.  Headquarters, Department of the Army, General Orders Number 27, dated 
27 December 1994, awarded Company C, 3rd Battalion, 37th Armor Regiment, the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 24 February 1991 to 4 March 1991.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Southwest Asia Service Medal was 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.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Persian Gulf War campaigns and shows that during the applicant's service in Southwest Asia, participation credit was awarded for the following campaigns:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214 and specified for:

	a.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

	b.  item 18 for an active duty Soldier deployed 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service in Southwest Asia and his awards.

2.  Records show the applicant served overseas in Southwest Asia from 
8 January 1991 through 12 May 1991 and item 12 of his DD Form 214 shows this foreign service (i.e., 4 months and 5 days).  Thus, it would be appropriate to correct item 18 of his DD Form 214 to also show the period of deployment.

3.  The applicant qualified for award of the Southwest Asia Service Medal and he participated in three campaigns during his service in Southwest Asia.  Thus, he is entitled to three bronze service stars for wear on his previously-awarded Southwest Asia Service Medal.

4.  The evidence of record also shows the applicant qualified for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.

5.  General orders awarded the applicant's unit the Valorous Unit Award.

6.  The applicant completed a period of continuous honorable active duty enlisted service from 17 January 1990 through 3 September 1991.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

   b.  He was promoted to E-3 with 1 year of active duty service.

	c.  He was recognized by two awards of the Army Commendation Medal.

	d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal, based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 17 January 1990 through 3 September 1991.

7.  There is no evidence of record that shows the applicant qualified Expert with the M-16 Rifle or that he was awarded the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.  Therefore, he is not entitled correction of his records to show the qualification badge.

8.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service in Southwest Asia and his awards, as recommended below.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 January 1990 through 3 September 1991 (Standard Name Line:  PFC  Company C, 3rd Battalion, 37th Army Regiment, Fort Riley, KS  66442);

   b. deleting from item 13 of his DD Form 214 the "Southwest Asia Service Medal w/ 2 Bronze Stars";

	c.  adding the following awards to item 13 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Valorous Unit Award

	d.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910108-19910512" to item 18 of his DD Form 214.

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 the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.




      _______ _   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)                                         AR20140002120



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ABCMR Record of Proceedings (cont)                                         AR20140002120



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