BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140006985 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of this authorized awards for his service during Operation Desert Storm (ODS).

2.  The applicant states that he served with Headquarters and Headquarters Company, 3rd Battalion, 8th Cavalry (HHC, 3rd BN, 8th CAV) in Southwest Asia (SWA) and this service should be annotated in his military service records.  He adds that his DD Form 214 should show the Army Good Conduct Medal (AGCM), the Southwest Asia Service Medal (SWASM) with three bronze service stars, the Kuwait Liberation Medal (KLM) from the governments of Kuwait and Saudi Arabia, the Valorous Unit Award (VUA), the Combat Medical Badge (CMB), and one Overseas Service Bar (OSB).

3.  The applicant provides copies of –

* his Army Commendation Medal (ARCOM) orders and certificate
* his Army Achievement Medal (AAM) certificate
* a letter of appreciation
* a memorandum for record (MFR)
* Department of the Army General Orders (DAGO) Number 14, 1997

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.  After having had prior service, the applicant enlisted in the Regular Army on 29 April 1988 for a period of 4 years.  Upon completion of training, he was awarded military occupational specialty (MOS) 91A (Medical Specialist).  He attained the rank of specialist/pay grade E-4.

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

* item 5 (Oversea Service) –

* Germany from 11 July 1989 through 10 July 1991
* SWA from 23 December 1990 through 19 May 1991

* item 9 (Awards, Decorations and Campaigns) the –

* Army Service Ribbon
* AAM (3rd Award)
* National Defense Service Medal
* ARCOM
* SWASM with 1 bronze service star

* item 35 (Record of Assignments), he was assigned to HHC, 3d BN,
8th CAV, 3rd Armored Division, Germany, effective 13 July 1989

4.  His DD Form 214 shows he was honorably discharged on 15 November 1991 based on expiration term of service.  He had completed 3 years, 6 months, and 17 days of net active duty service during this period that included 2 years,
4 months, 4 days of foreign service.  It also shows in –

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the –

* AAM (4th Award)
* Overseas Service Ribbon
* Army Service Ribbon
* National Defense Service Medal
* SWASM
* ARCOM
* Expert Field Medical Badge

* item 18 (Remarks) does not show his service in SWA

5.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the –

* AGCM (1st Award)
* SWASM with 3 bronze service stars
* KLM
* VUA
* CMB
* OSB

6.  Further review of the applicant's military personnel records failed to reveal any adverse or derogatory information.  This review also failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

7.  In support of his application the applicant provides the following documents:

   a.  Headquarters, 2nd Brigade, 3rd Armored Division, ODS, Permanent Orders Number 10-22, dated 20 April 1991, and DA Form 4980-14 (ARCOM Certificate) that awarded the applicant the ARCOM for meritorious service in SWA from 24 December 1990 to 10 April 1991.  The orders show he was assigned to HHC, 3rd BN, 8th CAV, and the award certificate shows he was commended for his actions in combat.

   b.  DA Form 4980-18 (AAM Certificate) that shows the applicant was awarded the AAM for meritorious service while assigned to HHC, 3rd BN, 8th CAV, from 13 July 1990 to 15 November 1991.  It also shows he was recognized for his actions during combat operations in Iraq.

   c.  Headquarters, 3rd BN, 8th CAV, Letter of Appreciation, dated 4 July 1991, that shows the battalion commander expressed his appreciation to the applicant for his outstanding service while deployed to SWA in late December 1990 (in Saudi Arabia) and then in Iraq (from 24 February 1991) until the unit redeployed.
   
   d.  Headquarters Company, 3rd BN, 8th CAV, MFR, dated 6 August 1991, that shows the company commander certified that the applicant arrived in SWA on 23 December 1990 and that he departed on 17 May 1991.  The MFR was for, in part, verification of entitlement to awards.

   e.  Headquarters, DAGO Number 14, dated 11 April 1997, announced award of the VUA to HHC, 2nd Brigade, 3rd Armored Division, from 28 December 1990 to 11 May 1991, including the 3rd BN, 8th CAV, from 24 December 1990 to
18 May 1991, for extraordinary heroism while engaged in military operations.

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

	a.  The AGCM 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 AGCM, disqualification must be justified.  

	b.  The SWASM is awarded to members of the Armed Forces of the United States who participated in ODS 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 SWA Conflict campaigns and it shows that during the applicant's tour in SWA 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)

	c.  The KLM awarded by the Kingdom of Saudi Arabia (KLM–SA) 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.

	d.  The KLM awarded by the Government of Kuwait (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.
   e.  Effective 16 January 1991, the CMB is also authorized for medical personnel assigned or attached to armor and ground cavalry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire.  Retroactive awards under these criteria are not authorized prior to 
16 January 1991.

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the OSB.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows 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 will be verified by the Soldier's records; and

	b.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "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 SWA and all of his authorized awards.

2.  The evidence of record shows the applicant deployed with his unit and served in SWA (Saudi Arabia and Iraq) during the period 23 December 1990 through 
19 May 1991.  Thus, item item 18 of his DD Form 214 should be corrected to show his foreign service in SWA.


3.  The evidence of record shows:

   a.  the applicant's service in support of ODS in SWA qualified him for award of the:

    	(1)  SWASM and he participated in three campaigns during his service in SWA.  Thus, he is authorized three bronze service stars for wear on his already-awarded SWASM; and

    	(2)  KLM-SA and KLM-K.  

   b.  general orders awarded the applicant's unit the VUA.

4.  The applicant's request for award of the CMB was carefully considered.

   a.  Records show the applicant held a medical specialty (MOS 91A) and that he served satisfactorily while assigned to a ground cavalry unit of brigade or smaller size during ODS.  

	b.  He was awarded both the ARCOM and the AAM for meritorious service.  The two awards covered the period of his service in Iraq during ODS and both award citations recognize him for his actions during combat operations.

   c.  Therefore, based on the evidence of record, it would be appropriate at this time to award the applicant the CMB.

5.  The applicant served a period of continuous, honorable active duty enlisted service from 29 April 1988 through 28 April 1991.

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

	b.  He attained the rank of SPC (E-4).

   c.  He was awarded the ARCOM for meritorious service in support of ODS.  He also received four awards of the AAM during the period of service under review.

	d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 29 April 1988 through 28 April 1991.

6.  The OSB is an item of uniform wear, not an award or decoration.  Thus, it is not recorded on the DD Form 214.

7.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, 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 Combat Medical Badge for satisfactorily performing medical duties in Iraq during Operation Desert Storm effective 1 March 1991  (Standard Name Line:  SPC  Headquarters and Headquarters Company, 
3rd Battalion, 7th Cavalry, 3rd Armored Division);

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
29 April 1988 through 28 April 1991 (Standard Name Line:  Same as above);

   c.  deleting the "Southwest Asia Service Medal" from item 13 of his DD Form 214;
   
	d.  adding to item 13 of his DD Form 214 the –

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with 3 Bronze Service Stars
* Kuwait Liberation Medal–Saudi Arabia
* Kuwait Liberation Medal–Kuwait
* Valorous Unit Award
* Combat Medical Badge

   e.  adding to item 18 of his DD Form 214 the statement "SERVICE IN SOUTHWEST ASIA (SAUDI ARABIA/IRAQ) 19901223-19910519."

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 the Overseas Service 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)                                         AR20140006985



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ABCMR Record of Proceedings (cont)                                         AR20140006985



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