IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140014741 


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 all awards and medals he earned to include the "Desert Storm Medal," Southwest Asia Service Medal, Kuwait Service Liberation Medal, and the Combat Medical Badge (CMB).  

2.  He states:

* he did not receive these medals because he was discharged from service too quickly once he returned from Desert Storm 
* he did not find out about the missing awards until he entered a combat treatment program with the Department of Veterans Affairs (VA) office with whom he is now filing a claim   

3.  He provides a copy of:

* his DD Form 214
* descriptions of the “Desert Storm Medal,” SW Asia Service Medal, Kuwaiti Liberation Medal-Kingdom of Saudi Arabia, and the National Defense Service Medal

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.  On 24 June 1987, the applicant enlisted in the Regular Army.  He completed initial training and was awarded military occupational specialty 91A (Medical Specialist).   

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) that would show his unit of assignment history is not available for the Board's review nor it is filed in his official military personnel file (OMPF).  There are no orders awarding the applicant the CMB in his OMPF.

4.  On 19 April 1991, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 issued at that time shows in:

* item 12f (Foreign Service) – 4 months and 23 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* National Defense Service Medal

* Item 18 (Remarks) – Operations Desert Shield/Storm from 30 September 1990 to 23 March 1991

5.  On 17 August 1992, the applicant was issued a DD Form 215 (Correction to 
DD Form 214) correcting his DD Form 214 by:

   a.  adding to item 13

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal
* overseas service bar




   b.  adding to item 18, service in Southwest Asia from 30 September 1990 to 23 March 1991

   c.  deleting from item 18, Operation Desert Shield/Storm from 30 September 1990 to 23 March 1991  

6.  The Defense Manpower Data Center (DMDC) Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 
30 September 1990 to 23 March 1991.  

7.  A DA Form 1577 (Authorization for Issuance of Awards) issued by Department of the Army Personnel Center – St. Louis on 17 August 1992 shows he was authorized and issued the following awards:

* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Army Lapel Button
* Kuwait Liberation Medal

8.  There is insufficient evidence in the applicant's service record to show he was assigned to a medical unit of a company size or smaller and was engaged in active ground combat with enemy forces during his service in Southwest Asia.

9.  The applicant provided a description of the "Desert Storm Medal" and the Southwest Asia Service Medal from a veterans’ organization.  He also included a roster from an unknown source that shows all the medals and service ribbons authorized for the Persian Gulf War.  The "Desert Storm Medal" description states in pertinent part that the Secretary of Defense authorized the award of the National Defense Service Medal to all members of the U.S. Armed Forces on active duty after 2 August 1990 to include Operations Desert Shield and Desert Storm. 

10.  Army Regulation 600-8-22 (Military Awards) states the CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.  The CMB is authorized for the Southwest Asia Conflict for the period from 17 January to 11 April 1991.




11.  Army Regulation 600-8-22 further states:

	a.  The Kuwait Liberation Medal-Saudi Arabia 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.

	b.  The Kuwait Liberation Medal-Government of Kuwait 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.

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.  There is not a separate medal or service ribbon known as the "Desert Storm Medal."

	d.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia 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) 
* Southwest Cease-Fire (12 April 1991 to 30 November 1995)

DISCUSSION AND CONCLUSIONS:

1.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 30 September 1990 to 23 March 1991 and this information is listed on his DD Form 215.  The applicable medals for service in Desert Shield/Desert Storm are the National Defense Service Medal and the Southwest Asia Service Medal.  

2.  The applicant's DD Form 214 already lists the National Defense Service Medal for his active service during the period of Desert Shield/Storm and there is no award known as the "Desert Storm Medal."  Therefore, there is no correction to be made.  Additionally, the evidence of record shows that the applicant was 


issued a DD Form 215 on 17 August 1992 after his release from active duty authorizing the:

* Kuwait Liberation Medal 
* Southwest Asia Service Medal with two bronze service stars
* overseas service bar  

The Southwest Asia Service Medal is the only authorized award for direct participation in operations in Southwest Asia during the period the applicant served.

3.  As his DD Form 215 only shows the "Kuwait Liberation Medal," he is entitled to a correction of his record to show award of the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Government of Kuwait.  

4.  Due to lack of sufficient evidence in the applicant's service record to show he was in a medical unit, organic to an infantry unit, and was engaged in active ground combat, he is not entitled to the CMB.

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 amending the applicant's DD Form 215 as follows:

* deleting from item 13 the Kuwait Liberation Medal
* adding in item 13 the Kuwait Liberation Medal-Government of Kuwait and the Kuwait Liberation Medal-Saudi Arabia 




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 CMB and the "Desert Storm Medal."



      _______ _   _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)                                         AR20120014038



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ABCMR Record of Proceedings (cont)                                         AR20140014741


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