BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140005113 


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:

* Army Commendation Medal (ARCOM) (4th Award)
* Driver and Mechanic Badge with Driver-W Bar
* Korea Defense Service Medal (KDSM)
* Kuwait Liberation Medal-Kuwait (KLM-K)

2.  The applicant states:

* he was discharged before the fourth ARCOM was awarded
* the orders for the Driver and Mechanic Badge with Driver-W Bar were not posted to his personnel file or were possibly overlooked
* he was discharged before the KDSM was authorized by Congress
* he was discharged before the KLM-K was awarded

3.  The applicant provides:

* ARCOM (1st Award) orders
* three ARCOM Certificates
* Driver and Mechanic Badge with Driver-W Bar orders
* permanent change of station orders
* certificate of training
* Army Achievement Medal with 1st Oak Leaf Cluster orders
* Headquarters, 1st Armored Division, General Orders Number 1, dated 21 March 1991
* memoranda, dated 10 April 1991 and 10 July 1991
* certificate of commendation
* campaign medals for cold war operations article
* 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 8 August 1985 and trained as a single channel radio operator.

3.  He provided Headquarters, 2d Infantry Division, Permanent Orders 258-31, dated 17 December 1987, which show he was awarded the Driver and Mechanic Badge with Driver-W Bar.

4.  He provided the following ARCOM Certificates and/or orders for:

* meritorious service for the period 25 July 1988 to 31 December 1989
* meritorious achievement for the period 17 January 1991 to 2 March 1991
* meritorious service for the period 17 January 1989 to 15 November 1991
* meritorious service for the period 3 December 1991 to 15 November 1992

5.  He provided a memorandum from Company A, 141st Signal Battalion, for the 400th Personnel Service Company Enlisted Records Section, dated 10 July 1991, which certifies he was deployed in support of Operations Desert Shield/
Storm from 20 December 1990 to 28 April 1991.

6.  On 25 December 1992, he was honorably released from active duty.



7.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* AAM with 2nd Oak Leaf Cluster
* ARCOM with 2nd Oak Leaf Cluster

8.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

9.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in:

* Korea from 27 December 1986 to 23 December 1987
* Saudi Arabia from 20 December 1990 to 28 April 1991

10.  Army Regulation 600-8-22 (Military Awards) states the 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.

11.  Army Regulation 600-8-22 states the KLM-K 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.

12.  Army Regulation 600-8-22 provides that an oak leaf cluster will be awarded for each succeeding act or period of meritorious service or achievement that justifies the award of a decoration.

13.  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.  The regulation stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows three awards of the ARCOM.  However, his records show he was awarded four ARCOM's.  Therefore, his DD Form 214 should be corrected to show the ARCOM (4th Award).

2.  Orders show he was awarded the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  He served a period of qualifying service for award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this medal.

4.  Based on his service in Southwest Asia from 20 December 1990 to 28 April 1991, he is authorized award of the KLM-K.  Therefore, his DD Form 214 should be corrected to show this award and item 18 should be corrected to show this deployment.

BOARD VOTE:

___X_____  ___X_____  _X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting award of the ARCOM with 2nd Oak Leaf Cluster from his DD Form 214;

	b.  adding the following awards to his DD Form 214:

* ARCOM (4th Award)
* KDSM
* KLM-K
* Driver and Mechanic Badge with Driver-W Bar

	c.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901220-19910428" to item 18 of this 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)                                         AR20140005113



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ABCMR Record of Proceedings (cont)                                         AR20140005113



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