BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150005141 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 the following: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 6 April 1990 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * correction of his DD Form 214 for the period ending on 4 December 1995 to show the Kuwait Liberation Medal (Kuwait) and Kuwait Liberation Medal (Saudi Arabia) 2. The applicant states: a. The "Member 1" copy of his 1990 DD Form 214 lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). b. The "Service 2" copy of his 1995 DD Form 214 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). He does not recall being authorized less than the "Expert" badge in the last 4 years of his service. c. He was authorized both the Kuwait Liberation Medal (Kuwait) and Kuwait Liberation Medal (Saudi Arabia). The deletion of the Kuwait Liberation Medal from his 1995 DD Form 214 on 11 August 2003 was incorrect. He initially requested the addition of the Kuwait Liberation Medal (Saudi Arabia) to this form. However, instead of adding this medal as they should have, the Kuwait Liberation Medal (Kuwait) was deleted. d. He is a member of the Veterans of Foreign Wars and the Disabled American Veterans and he would like to have an accurate record of his awards. He would also like for his children to have an accurate record. 3. The applicant provides: * 1990 and 1995 DD Forms 214 * DD Form 215 (Correction to 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 U.S. Army Reserve (USAR) on 1 August 1989. He entered on active duty for training (ADT) on 4 January 1990. He was awarded military occupational specialty (MOS) 11B (infantryman). He was honorably released from ADT on 6 April 1990 and was transferred to a Reserve unit. His DD Form 214 lists the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Army Service Ribbon 3. He enlisted in the Regular Army (RA) on 28 September 1990 and he reenlisted on 9 September 1994. 4. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in: * Saudi Arabia from 5 November 1990 through 9 April 1991 * Panama from 21 October 1991 through 14 October 1993 5. He was honorably discharged on 4 December 1995. He was credited with completing 5 years, 3 months, and 11 days of net active service and 29 days of time lost. His DD Form 214 lists the: * Army Commendation Medal (2nd Award) * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Southwest Asia Service Medal * Army Service Ribbon * Overseas Service Ribbon * Kuwait Liberation Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Combat Infantryman Badge * Air Assault Badge 6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 lists all the awards listed on his DD Form 214 and the Southwest Asia Service Medal with two bronze service stars. Item 9 of this form also shows the Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars were awarded to him on 7 April 1992. 7. On 11 August 2003, a DD Form 215 was issued adding the Kuwait Liberation Medal (Saudi Arabia) and deleting the Kuwait Liberation Medal from his 1995 DD Form 214. 8. Army Regulation 600-8-22 (Military Awards) states: a. The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia on or after 2 August 1990 to 30 November 1995. Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, Arabian Sea, Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates. One bronze service star will be worn on the Southwest Asia Service Medal for participation in each designated campaign. The campaigns are: * Defense of Saudi Arabia 2 August 1990 – 16 January 1991 * Liberation and Defense of Kuwait 17 January 1991 – 11 April 1991 * Southwest Asia Cease-Fire 12 April 1991– 30 November 1995 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 in one or more of the following areas: the Arabian Gulf; the Red Sea; the Gulf of Oman, Gulf of Aden, Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates for one or more days with an organization participating in ground and/or shore operations. 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 in one or more of the following areas: Persian Gulf; Red Sea; Gulf of Oman, Gulf of Aden, Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates for one or more days with an organization participating in ground or shore operations. d. Bronze service stars are worn on campaign and service medals to denote participation in a named campaign. e. A qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. DISCUSSION AND CONCLUSIONS: 1. With regard to correction of the applicant's 1995 DD Form 214: a. He served in Saudi Arabia from 5 November 1990 through 9 April 1991, during two campaigns. He completed a qualifying period of service for both the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). His 1995 DD Form 215 does not list the Kuwait Liberation Medal (Kuwait). b. He was awarded the Southwest Asia Service Medal with two bronze service stars. These service stars are not listed on his 1995 DD Form 214. 2. With regard to correction of his 1990 DD Form 214 to list the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); there is no evidence showing he qualified for this badge during his period of ADT from January to April 1990. He was authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 7 April 1992. There is insufficient evidence showing he was authorized the "Expert" badge prior to 7 April 1992. 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: * deleting from his 1995 DD Form 214 the Southwest Asia Service Medal * adding to his 1995 DD Form 214 the: * Kuwait Liberation Medal (Kuwait) * Southwest Asia Service Medal with two bronze service stars 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 correction of his 1990 DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) instead of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). _______ _ 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) AR20150005141 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005141 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1