BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20150006196 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 Airborne Badge [properly known as the Parachutist Badge]. 2. The applicant states he recently discovered this award was omitted from his DD Form 214 when applying for benefits. 3. The applicant provides his Airborne Course diploma and 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 the cases 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. 2. The applicant enlisted in the Regular Army on 16 May 1989 and he held military occupational specialty 31C (single channel radio operator). 3. He completed the Basic Airborne Course, at Fort Benning, GA, on 3 November 1989. He provided a copy of the resulting diploma. 4. He served in Saudi Arabia from 29 August 1990 through 25 March 1991. 5. His records contain the following: a. A DA Form 638-T (Recommendation for Award of the Meritorious Service Medal (MSM) and Below), dated 14 June 1991, recommending him for award of the Army Commendation Medal. The award was approved by Permanent Orders (PO) Number 16-2 on 29 July 1991. b. A DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and MSM), dated 10 October 1991, recommending him for award of the Army Achievement Medal. The award was approved by PO Number 002-42 on 23 October 1991. c. A DA Form 638-1, dated 26 February 1993, recommending him for award of the Army Commendation Medal with 1st Oak Leaf Cluster (2nd Award). The approval authority downgraded this award to the Army Achievement Medal. The award of the Army Achievement Medal was approved by PO Number 3-45 on 25 March 1993. 6. He was honorably released from active duty on 15 May 1993. He was credited with completing 4 years of net active service. His DD Form 214 lists the: * Army Service Ribbon * National Defense Service Medal * Army Lapel Button * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Grenade Bar * Army Commendation Medal * Army Achievement Medal 7. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) lists all the awards listed on his DD Form 214 and the Parachutist Badge. 8. Army Regulation 600-8-22 (Military Awards) states: a. The award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump. b. The Kuwait Liberation Medal (Kuwait) is awarded by the Government of Kuwait to members of the Armed Forces of the United States who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993. c. The Kuwait Liberation Medal (Saudi Arabia) is awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 18 for active duty Soldiers deployed with his/her unit during their continuous period of active service, would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant met the criteria for award of the Parachutist Badge on 3 November 1989. Apparently the orders for this award were lost or never placed in his record. This award is listed in item 9 of his DA Form 2-1; however, it is not listed on his DD Form 214. 2. PO awarded him the Army Achievement Medal (2nd Award). This award is not listed on his DD Form 214. He completed a qualifying period of service for award of the Kuwait Liberation Medal (Saudi Arabia). His DD Form 214 does not list this award. For clarification purposes, his DD Form 214 should show the Kuwait Liberation Medals for both Kuwait and Saudi Arabia. 3. He served in Saudi Arabia from 29 August 1990 through 25 March 1991. Item 18 of his DD Form 214 does not show this service. BOARD VOTE: ___X_____ ___X_____ __X__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * deleting from his DD Form 214 the Army Achievement Medal and Kuwait Liberation Medal * adding to this form the: * Parachutist Badge * Army Achievement Medal (2nd Award) * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation Medal (Saudi Arabia) * adding to item 18 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19900829-19910325" _______ _ 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) AR20150006196 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006196 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1