BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140012968 


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 Achievement Medal (AAM), Southwest Asia Service Medal (SWASM), Combat Infantryman Badge (CIB), and any other awards and decorations to which he may be entitled.

2.  The applicant states:

* administrative personnel may have omitted information from his DD Form 214
* he served in combat during the Gulf War and should have a combat badge
 
3.  The applicant provides:

* AAM Certificate
* certificate of service
* certificate of commendation
* excerpt from the June 1991 Field Artillery Journal pertaining to Operation Desert Storm
* 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 2 July 1985 and trained as a field artillery cannon crewmember.

3.  He provided an AAM Certificate, dated 18 May 1987, showing he was awarded the AAM for meritorious achievement during the period 12-13 May 1987.

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 18 June 1987 to 14 June 1989.

5.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base shows he served in SWA from 1 October 1990 to 31 March 1991.

6.  On 12 April 1991, he was honorably released from active duty.

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

* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Army Good Conduct Medal
* Driver and Mechanic Badge with Driver-W Bar
* Overseas Service Ribbon (2nd Award)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar

8.  His DD Form 214 also shows in:

* item 8a (Last Duty Assignment and Major Command) – 5th Battalion, 18th Field Artillery Regiment, U.S. Army Forces Command
* item 18 (Remarks) – no deployments

9.  There are no orders for the AAM or CIB in the applicant's available records.  Item 10 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not show he was awarded or authorized the AAM or CIB.

10.  Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 states the SWASM is awarded to members of the Armed Forces of the United States serving in SWA and contiguous waters or airspace there over 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 designated campaigns are:

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

12.  Army Regulation 600-8-22 states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty (MOS).  

13.  Army Regulation 600-8-22 states the Korea Defense Service Medal (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.

14.  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 provided that for 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.  There are no orders for award of the AAM in the applicant's available records.  In the absence of orders, the AAM Certificate provided by the applicant alone is not sufficient as a basis for adding this medal to his DD Form 214.

2.  Based on his service in SWA, he is authorized award of the SWASM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.  In addition, the data from the DMDC is accepted as sufficient evidence with which to correct item 18 of his DD Form 214 to show his dates of service in SWA.  Therefore, item 18 of this DD Form 214 should be corrected to show he served in SWA from 1 October 1990 to 31 March 1991.

3.  The governing regulation for award of the CIB clearly establishes that the CIB may be awarded to Soldiers who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

4.  The evidence shows he served as a field artillery cannon crewman and was assigned to a field artillery battalion during his assignment in SWA.  There are no orders for the CIB in the available records.  There is no evidence of record which shows he held and served in an infantry MOS while assigned to an infantry unit or served in active ground combat.  Therefore, there is insufficient evidence on which to base award of the CIB or to add this badge to his DD Form 214.

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

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:

	a.  adding award of the SWASM with two bronze service stars and KDSM to his DD Form 214; and

	b.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910331" 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 adding the AAM and CIB to his 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)                                         AR20140012968



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ABCMR Record of Proceedings (cont)                                         AR20140012968



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