IN THE CASE OF:  

		BOARD DATE:  6 January 2015	  

		DOCKET NUMBER:  AR20140007828 


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:

* Air Assault Badge
* Combat Lifesaver Course
* Korean Language Course
* Southwest Asia Service Medal (SWASM) 
* Persian Gulf War participation
* Combat Infantryman Badge (CIB) or Combat Action Badge (CAB) 
* Name change from "K_____ L______ H____" to "J____ A__"

2.  The applicant states he is in the process of filing claims.  Without corrections, the Department of Veterans Affairs (VA) cannot confirm he was in the area of operations during Operation Desert Storm.  It is affecting his post-traumatic stress disorder (PTSD) counseling. 

3.  The applicant provides:

* his DD Form 214
* a DA Form 4187 (Personnel Action)
* orders for the Air Assault Badge 
* leave and earning statements
* DA Form 2-1 (Personnel Qualification Record) 
* two certificates
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 in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 4 October 1988 and held military occupational specialty (MOS) 75B (Personnel Administration Specialist).  

3.  On 5 February 1992, he was honorably released from active duty.  His 
DD Form 214 shows in:

     a.  Item 12f (Foreign Service)  – 11 months and 23 days 

     b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons   Awarded or Authorized) –

* Army Good Conduct Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Army Lapel Button
* Expert Marksmanship Qualification Badge (M-16)
* Expert Marksmanship Qualification Badge (Grenade)
* National Defense Service Medal
* Driver’s Badge

     c.  Item 14 (Military Education) - "NA"

     d.  Item 18 (Remarks) – no entry indicating he was deployed 

4.  His DA Form 2-1 shows in Item 5 (Oversea Service) he served in Korea from 14 October 1988 through 6 October 1989.


5.  His records do not contain orders awarding him the CIB.

6.  The Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center contains the applicant's name and indicates he served in Southwest Asia from 11 September 1990 through 9 April 1991.

7.  The applicant provides a DA Form 4187, dated 20 November 1991, verifying he requested his name of record be changed from "K____ L______ H____" to "J____ A__."  This form was submitted and verified prior to his release from active duty.  The applicant subsequently enlisted in the Army National Guard of the United States under the name J____ A__. 

8.  Permanent Orders 035-064, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, dated 21 February 1990, awarded him the Air Assault Badge for successful completion of the standard Air Assault Course.

9.  The applicant provided a diploma from the Army Institute for Professional Development, dated 14 February 1990, which shows he completed the Combat Lifesaver Course (a 1-week course at the time) at Fort Eustis, VA.

10.  The applicant provided a certificate from the University of Maryland, Asian Division, showing he completed the twenty-four hour Korean Language and Culture Course on 28 October 1988. 

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the 
DD Form 214.  It stated:  

	a.  Foreign service performed during the period covered in Item 12c of the 
DD Form 214 will be entered in Item 12f.  

	b.  When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

    c.  Formal in-service (full-time attendance) training courses successfully  completed during the period of service covered by the DD Form 214 will be entered in item 14, it will include the title, length in weeks, and year completed.  This regulation further stated that the information entered in item 14 is to assist the member after separation in job placement and counseling; therefore training courses for combat skills will not be listed.
12.  Army Regulation 350-1 (Army Training and Leader Development) states, in pertinent part, the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.

13.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  The SWASM is awarded to members of the Armed Forces of the United States who participated in Operation Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized with this award for each Southwest Asia campaign a member is credited with participating in.  Appendix B shows that during his service in Southwest Asia, the applicant participated in the following two campaigns:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 

     b.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

     c.  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.

	d.  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.
  
     e.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

     f.  The requirements for award of the CAB are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  Award of the CAB is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the Air Assault Badge to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  Based on his service in Southwest Asia, he is entitled to the SWASM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He served a qualifying period for award of the KLM-SA and the KLM-K, and he is entitled to correction of his DD Form 214 to show these awards

4.  His service in Korea meets the criteria for award of the KDSM.  He is entitled to correction of his DD Form 214 to show this award.

5.  Skills attained in the Combat Lifesaver’s Course are not strictly applicable to combat.  Therefore, it would be appropriate to include this course on the applicant’s DD Form 214.

6.  The applicant requested his name of record be changed prior to his release from active duty.  The request was verified and the applicant subsequently enlisted in the Army National Guard of the United States under his new name.  As a matter of equity, it would be appropriate to correct his DD Form 214 to reflect his name change.

7.  There is no evidence indicating the applicant held an infantry MOS at any time during his Army service, and there is no evidence indicating he was assigned to an infantry regiment or infantry battalion.  Therefore, he is not entitled to award of the CIB.

8.  The CAB is not authorized for service prior to September 2001.  The applicant served on active duty from 4 October 1988 through 5 February 1992.  Therefore, he does not meet the minimum eligibility criteria for award of the CAB.  

9.  The applicant's contention that his DD Form 214 should be corrected to show the Korean Language course was considered.  However, by regulation, only those formal in-service courses of at least 1 week or 40 hours in duration will be listed in Item 14 of the DD Form 214.  The course was only 24 hours in duration.  Therefore, it would not be appropriate to add it to Item 14 of his DD Form 214.  

10.  Evidence shows he was assigned to Korea for 11 months and 23 days.  This foreign service is reflected in item 12f on his DD Form 214.  However, his service in Southwest Asia is not included.  Therefore, item 12f of his DD Form 214 should be amended to include his 6 months and 28 days of foreign service in Southwest Asia. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 as follows:

     a.  replace the entry in item 1 with the name on his National Guard enlistment contract;

     b.  replace the entry in item 12f with "01 06 21"; 

     c.  add to item 13 the SWASM with two bronze service stars, KDSM,   KLM-SA and the KLM-K;

     d.  add to item 14 "Air Assault School, 2 weeks, 1990" and "Combat Lifesaver Course, 1 week, 1990"; and

	e.  add to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900911-19910409."
	
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 correcting his DD Form 214 to show completion of the Korean Language Course or award of the CIB or CAB.



      _______ _  _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)                                         AR20140007828





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ABCMR Record of Proceedings (cont)                                         AR20140007828



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