IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140018784 


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 Bronze Star Medal. 

2.  The applicant states the Bronze Star Medal was omitted from his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Certificate for award of the Bronze Star Medal
* DA Form 638-1 (Recommendation for Award) for award of the Army Commendation 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.  The applicant's records show he enlisted in the Regular Army (RA) on 29 September 1987 and he held military occupational specialty (MOS) 13F (Fire Support Specialist).  

3.  Following completion of MOS and airborne training, he was assigned to Headquarters and Headquarters Battery (HHB), 1st Battalion, 5th Field Artillery, 1st Infantry Division, Fort Riley, KS.  

4.  He served in Southwest Asia from 29 December 1990 to 15 May 1991.  He was assigned to HHB, 1st Battalion, 5th Field Artillery, 1st Infantry Division.

5.  He was honorably released from active duty in the rank/grade of corporal (CPL)/E-4 on 28 September 1991.  His DD Form 214 shows he completed
4 years of active service of which 4 months and 17 days was foreign service, and he had no lost time.  He was awarded or authorized the: 

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* NCO Professional Development Ribbon
* Parachutist Badge
* Driver Badge with Driver – T 
* Southwest Asia Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Army Achievement Medal
* Army Commendation Medal 

6.  His records contain and he provides: 

	a.  Certificate, dated 29 May 1991, showing he was awarded the Bronze Star Medal for meritorious achievement from 24 February to 28 March 1991, while assigned to HHB, 1st Battalion, 5th Field Artillery, 1st Infantry Division, during Operation Desert Storm.  No permanent orders were provided or exist in his service record. 

	b.  DA Form 638, dated 25 June 1991, awarding him the Army Commendation Medal for meritorious service from March 1988 to 28 September 1991, by Permanent Orders Number 33-3, issued by Headquarters, 1st Infantry Division, on 26 August 1991.  Item 13 (Previous Awards) of the DA Form 638 shows the entry "Bronze Star Medal (1)."

7.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

8.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.  

9.  His contemporaneous records do not contain derogatory information in the form of lost time, suspension of favorable personnel actions, record of court-martial, or nonjudicial punishment.  Likewise, his records do not contain orders awarding him the Army Good Conduct Medal or a disqualification memorandum.

10.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. 

	b.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm 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 campaigns are:

* 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 Kuwait Liberation Medal 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.
	d.  The Kuwait Liberation Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides and his records contain a certificate awarding him the Bronze Star Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Bronze Star Medal.  He did not provide and his records do not contain the permanent orders for this award.  However, given his deployment in support of Operation Desert Storm, the certificate for this award, and the entry on the DA Form 638 that states the Bronze Star Medal is a previous award is sufficient evidence to show he was awarded the Bronze Star Medal and should have it added to his DD Form 214. 

2.  The applicant served honorably on active duty in the RA from 29 September 1987 to 28 September 1991.  He completed 4 years of creditable active service, served in combat, and attained the rank/grade of CPL/E-4.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correct his DD Form 214 to show this award.

3.  The applicant served in Southwest Asia from 29 December 1990 to 15 May 1991.  Based on his service in Southwest Asia:

	a.  He is authorized three (not two) bronze service stars with his already-awarded Southwest Asia Service Medal, to designate his participation in three campaigns.  He is also authorized the Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

	b.  Although this foreign service is recorded in item 12f (Foreign Service) of his DD Form 214, he should also be entitled to the listing of this combat service in item 18 (Remarks) of the same form.  






BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for the period 29 September 1987 through 28 September 1990
* deleting from his DD Form 214 the Southwest Asia Service Medal with two bronze service stars 
* adding the following awards to his DD Form 214

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)



      _______ _   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)                                         AR20140018784



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ABCMR Record of Proceedings (cont)                                         AR20140018784



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