BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160001026 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ __x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160001026 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. deleting the entry “Kuwait Liberation Medal” from item 13 of his DD Form 214 and replacing it with following entries: * Army Commendation Medal * Kuwait Liberation Medal–Kuwait * Kuwait Liberation Medal–Saudi Arabia b. Adding in item 14 of his DD Form 214 the entry “Combat Lifesaver Course, 1 Week, 1992.” 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 amending his DD Form 214 to show the Bronze Star Medal or any of the other certificates and awards that are not contained in the Army's awards regulation. ____________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. BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160001026 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 following: * Bronze Star Medal * Army Commendation Medal * Certificate of Achievement (two) * Meritorious Achievement Certificate * Certificate or Appreciation * Sea Service Deployment Ribbon * Combat Lifesaver Course 2. The applicant states that at the time of his departure from the U.S. Army, he was rushed without thoroughly reviewing his DD Form 214. 3. The applicant provides: * National Personnel Records Center (NPRC) Letter, dated 19 September 2005 * Certificate of Award for exceptional meritorious achievement, dated 15 December 1993 * Combat Lifesaver Course Enrollment Notice * Certificate of Achievement for completion of the Combat Lifesaver Course, dated 25 November 1992 * Certificate of Achievement for meritorious achievement as a combat engineer squad member, dated 13 January 1993 * DA Form 638-1 (Recommendation for Award), dated 17 November 1992 * Certificate of Training, dated 24 January 1991 * Certificate of Appreciation, dated 15 June 1994 * Army Commendation Medal Certificate, dated 15 September 1994 * DA Form 638-1, dated 11 August 1994 * DD Form 214, dated 17 October 1994 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 18 October 1990. He completed training as a combat engineer. He arrived in Saudi Arabia on 3 February 1991. 3. On 30 March 1991, the applicant departed Saudi Arabia to return to the United States. He was honorably released from active duty on 17 October 1994, at the completion of his required active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards: * Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar * Army Lapel Button * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal 4. Item 14 (Military Education) on his DD Form 214 shows that he completed a 13-week Combat Engineer Course in 1991. 5. A review of the applicant's official military records fails to reveal orders awarding the applicant the Bronze Star Medal. 6. The applicant provides a letter from NPRC, dated 19 September 2005 notifying the applicant that he is authorized the following awards: * Bronze Star Medal * Good Conduct Medal * Southwest Asia Service Medal with two bronze service stars * Army Service Ribbon * Kuwait Liberation Medal – KA * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar * Army Lapel Button 7. He also provides a Certificate of Achievement for completion of the Combat Lifesaver Course during the period 10 August through 14 August 1992. He provides a DA Form 638-1 showing that on 17 November 1992, he was recommended for award of the Army Achievement Medal. However, the DA Form 638-1 does not show approval of the recommendation. He provides Certificates of Training and Appreciation. He provides a DA Form 638-1 showing that he was recommended for award of the Army Commendation Medal on 11 August 1994. Although the DA Form 638-1 does not show approval of the recommendation, he provides a Certificate for award of the Army Commendation Medal showing that Permanent Order Number 95-002 were published on 15 September 1994 awarding him this medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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. c. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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. 2. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It stated: a. item 13 will contain all authorized awards, as contained in the Army's awards regulation, for all periods of service. This regulation further stated that certificates of achievement, letters of commendation, and similar documents are not recorded on the DD Form 214; and b. item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed. DISCUSSION: 1. Although the NPRC informed the applicant that he is authorized the Bronze Star Medal, there is no evidence in the available record and the applicant has provided insufficient evidence to show he is authorized the Bronze Star Medal. 2. According to the applicable regulation, 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. 3. Army Regulation 635-5 stated that certificates of achievement, letters of commendation, and similar documents are not recorded on the DD Form 214. 4. The applicant does provide a Certificate for award of the Army Commendation Medal showing that Permanent Order Number 95-002 were published on 15 September 1994 awarding him this medal. His DD Form 214 does not reflect this award. 5. The applicant's DD Form 214 shows that he was awarded the Kuwait Liberation Medal–Kuwait. His service in Saudi Arabia also qualifies him for award for award of the Kuwait Liberation Medal–Saudi Arabia. His DD Form does not reflect this award. 6. The applicant provides a certificate that shows he successfully completed the Combat Lifesaver Course during the period 10 August through 14 August 1992. The course was formal Army military education of at least 1 week in duration. It is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001026 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001026 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2