IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140004515 


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 foreign service in Southwest Asia in support of Operations Desert Shield/Storm
* awards of the:

* Valorous Unit Award
* Army Good Conduct Medal (2nd Award)
* Southwest Asia Service Medal
* Kuwait Liberation Medal

2.  The applicant states:

* his records do not reflect his Southwest Asia service; he was assigned to F Troop, 2nd Squadron, 2nd Armored Cavalry Regiment (ACR)
* he has emails and affidavits from former service members of events and his duty 
* he was awarded the Army Commendation Medal for assisting with enemy prisoners of war and his unit was awarded the Valorous Unit Award
* he also received danger pay while he was in Iraq and his financial statements should reflect this 
* he captured and detained three enemy soldiers until other friendly Soldiers came and assisted him 
* his spouse at the time was also deployed to Southwest Asia and she was involved in combat 
* he served in the Army National Guard (ARNG) after his release from active duty and his separation document reflects all his awards 

3.  The applicant provides:

* Permanent Orders (PO) 44-7, awarding selected units the Valorous Unit Award
* PO Number 7-353, dated 29 July 1991, awarding him the Army Commendation Medal
* Memorandum, dated 2 March 1992, Subject: Establishment of the Kuwait Fourragere
* Certificate of award of the Army Good Conduct Medal, dated 24 August 1992
* Memorandum, dated 30 March 1992, Subject: Approved Humanitarian Service Medal
* Two emails and a statement from former service members
* DD Form 214 
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DA Form 2-1 (Personnel Qualification Record)
* An article regarding the Battle of 73 Easting

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's service records pertaining to his Regular Army (RA) service are not available for review with this case.  His available records show he enlisted in the RA on 25 August 1989 and he held military occupational specialty 19K (M-1 Armor Crewman).  

3.  His available records also show he served in Germany from 29 December 1989 to 23 January 1992.  His unit of assignment is not identified. 

4.  PO Number 7-353, issued by a colonel level commander of an unknown headquarters on 29 July 1991 awarded him the Army Commendation Medal for meritorious achievement from 1 December 1990 to 5 March 1991 while serving as a driver in the 2nd Squadron, 2nd ACR.

5.  PO Number 5-1, issued by Headquarters, 15th Personnel Service Company, on 8 January 1993, awarded him the Army Good Conduct Medal (1st Award) from 25 August 1989 to 24 August 1992. 

6.  He was honorably released from active duty on 24 August 1993 by reason of having completed his required active service.  His DD Form 214 shows in:

* Item 12f (Foreign Service), the entry 02-00-25
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar
* Army Lapel Button

* Item 18 (Remarks) does not list any service in Southwest Asia. 

7.  He enlisted in the ARNG on 25 August 1993.  He was discharged from the ARNG on 15 May 1998.  His ARNG DA Form 2-1 shows in item 9 (Awards and Decorations) the below awards.  They are also shown on his NGB Form 22: 

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* Army Lapel Button
* Army Achievement Medal
* Noncommissioned Officer Professional Development Service Ribbon
* Humanitarian Service Medal
* Valorous Unit Award
* Kuwait Fourragere
* ARCM-1 (presumably Army Commendation Medal)
* Expert Marksmanship Qualification Badge with Rifle, Grenade, and Pistol Bars

8.  His name is shown on the Gulf War Roster as having served in Southwest Asia from 1 January 1991 to 26 April 1991. 

9.  His provides: 

	a.  Memorandum, issued by the Commander, 5th Personnel Group, Germany, on 30 March 1992, regarding an approved Humanitarian Service Medal for selected units, among which the 2nd ACR is listed. 

	b.  Memorandum, issued by the 258th Personnel Service Company, on 2 March 1992, indicating the establishment of the Kuwait Fourragere for the Liberation and Defense of Kuwait to Soldiers who served in Southwest Asia during the period 17 January 1991 to 11 April 1991. 

	c.  PO Number 44-7, issued by Headquarters, U.S. Army Forces Central Command, on 18 March 1992, awarding the Valorous Unit Award to various units for service from 23 to 26 February 1991.  One of the listed units is the 2nd Squadron, 2nd ACR, Unit Identification Number WCOCAA.

	d.  An email to the Department of Veterans Affairs, dated 29 December 2010, from an individual who states he was stationed with the applicant in Bamberg, Germany, with F Troop, 2nd Squadron, 2nd ACR.  He states he remembers the situation very well in the Middle East when the applicant drew his weapon against Iraqi soldiers and detained them until help arrived. 

	e.  An email, dated 30 December 2010, from an individual who also states he witnessed the events that took place with the detained Iraqi soldiers.

	f.  A statement, dated 1 November 2013, from a retired sergeant first class who identifies himself as the applicant's platoon sergeant at the time.  He states they deployed with the 2nd Platoon, F Troop, 2nd Squadron, 2nd ACR, from Bamberg to Saudi Arabia in December 1990 and tactically maneuvered into Iraq in February 1991.  They were involved in the Battle of 73 Easting and they returned to Bamberg in April 1991.  The applicant's achievement was recognized with the award of the National Defense Service Medal, Kuwait Liberation Medal (Kuwait), Kuwait Liberation Medal (Saudi Arabia), and Valorous Unit Award. 

	g.  An internet article regarding the Battle of 73 Easting. 

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

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

	b.  The Southwest Asia Service Medal 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 wear with this medal for participation in each credited campaign.  Approved campaigns are Defense of Saudi Arabia (2 August 1990-16 January 1991), Liberation and Defense of Kuwait (17 January-11 April 1991), and Southwest Asia Cease-Fire (12 April 1991-30 November 1995).

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 Kuwait Liberation Medal awarded by the Government of Kuwait 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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his service in Southwest Asia and associated awards: 

	a.  The applicant did not provide sufficient evidence to confirm the dates of his service in Southwest Asia.  Although his name is shown on the Gulf War Roster as having served in Southwest Asia from 1 January 1991 to 26 April 1991, his platoon sergeant stated they deployed to Southwest Asia in December 1990 and returned in April 1991.  

	b.  It appears he did serve in Southwest Asia but his dates are inconsistent and cannot be determined.  As such, the listing of his service in Southwest Asia on his DD Form 214 and establishing his eligibility for the requested awards remains problematic.  

	c.  In the absence of additional documentary evidence, such as Leave and Earnings Statements confirming his receipt of hostile fire pay, or other documentary evidence that accurately reflects his dates of service, there is insufficient evidence to list his service in Southwest Asia or establish his eligibility for the Southwest Asia Service Medal, Kuwait Liberation Medal, or the Valorous Unit Award at this time. 

	d.  If the applicant can provide additional documentary evidence that confirms his exact dates of service, he may resubmit his application to this Board (within 1 year of the Board's decision). 

2.  With respect to the Army Good Conduct Medal (2nd Award):

	a.  The applicant was awarded the Army Good Conduct Medal (1st Award) from 25 August 1989 to 24 August 1992.  In order to qualify for second award, he would have needed to serve 3 more consecutive years of active duty from 
25 August 1992 to 24 August 1995.  He did not.  He was released from active duty on 24 August 1993, nearly two years before he would have qualified for a second award.  

	b.  Although in some situations an award of the Army Good Conduct Medal is authorized for one year of active service, the period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  This is not the case here.  

	c.  Additionally, his service in the ARNG is not combined with his Regular Army service to reach eligibility for this medal.  ARNG service is inactive service. The award requires 3 consecutive years of active service.  Therefore, he does not meet the criteria and is ineligible for a second award of the Army Good Conduct Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20140004515





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ABCMR Record of Proceedings (cont)                                         AR20140004515



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