IN THE CASE OF:  

		BOARD DATE:  23 April 2015

		DOCKET NUMBER:  AR20140016140


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 the:

* Army Achievement Medal (AAM)
* Southwest Asia Service Medal (SWASM)
* Kuwait Liberation Medal (KLM)
* 1st Armored Division (1st AD) Combat Patch

2.  The applicant states his DD Form 214 does not reflect these awards.

3.  The applicant provides copies of:

* General Orders Number 1, 1st AD, dated 21 March 1991
* DA Form 638-1 (Recommendation for Award) indicating Orders Number 06-55, 3rd Brigade, 1st AD, dated 20 April 1991
* DA Form 4980-14 (Army Commendation Medal Certificate) dated 20 April 1991
* DA Form 638-1 indicating Orders Number 14-001, 3rd Brigade, 35th Armored Regiment, dated 19 July 1991
* DA Form 4980-18 (AAM Certificate) dated 17 July 1991
* Certificate of Commendation, VII Corps, Saudi Arabia, undated
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 21 July 2014


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 August 1989, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 19K (M1 Armor Crewman).

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

	a.  Item 5 (Overseas Service): that he served in the Federal Republic of Germany (FRG) from 29 December 1989 to 21 July 1991	; and

	b.  Item 35 (Record of Assignments): that he served for 48 months on active duty as an armor crewman.

4.  General Orders Number 1, 1st AD, dated 21 March 1991, as provided by the applicant, state those persons assigned to the 3rd Battalion, 35th Armor Regiment after 17 January 1991, were authorized to wear the 1st AD Combat Patch for their support during Operation Desert Storm.

5.  The DA Form 638-1 indicating Orders Number 06-55, 3rd Brigade, 1st AD, dated 20 April 1991 and the accompanying Army Commendation Medal Certificate dated 20 April 1991, show that the applicant served with Company B, 3rd Battalion, 35th Armor Regiment in support of Operation Desert Storm from 17 January to 28 February 1991 in Southwest Asia.

6.  The DA Form 638-1 indicating Orders Number 14-001, 3rd Battalion, 35th Armor Regiment, dated 19 July 1991 and the accompanying AAM Certificate dated 17 July 1991, show that the applicant served with Company B, 3rd Battalion, 35th Armor Regiment from 1 January 1990 to 19 July 1991.
7.  On 23 August 1993, the applicant was released from active duty and transferred to the U.S. Army Reserve for duty with a Troop Program Unit.

8.  The applicant's DD Form 214 lists his awards as:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns include the Liberation and Defense of Kuwait from 
17 January to 11 April 1991.

	b.  The Kuwait Liberation Medal – Saudi Arabia (KLM-SA) 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 and 28 February 1991.

	c.  The Kuwait Liberation Medal – Kuwait (KLM-K) 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.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the:

* AAM
* SWASM
* KLM
* 1st AD Combat Patch

2.  There are no provisions for entering the shoulder sleeve insignia commonly referred to as a combat patch, for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.  Therefore, this portion of the applicant's request should be denied.

3.  The available evidence shows that the applicant served in Southwest Asia with the 1st AD from 17 January to 28 February 1991.  Therefore, the SWASM with a bronze service star should be shown on his DD Form 214.

4.  The applicant served during a qualifying period for award of the KLM-SA and the KLM-K.  Therefore, these two awards should be shown on his DD Form 214.

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 showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the:

* Army Achievement Medal
* Southwest Asia Service Medal with a bronze service star
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait

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 showing his shoulder sleeve insignia on 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)                                         AR20130005645



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ABCMR Record of Proceedings (cont)                                         AR20140016140



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