IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011032 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 IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011032 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 the DD Form 214 for the period ending 30 April 1992 of the individual concerned be corrected by: a. deleting the Overseas Service Ribbon with Numeral 2 from item 13; b. adding to item 13 the Meritorious Service Medal, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait and Overseas Service Ribbon with Numeral 3; and b. amending item 18 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 TO 19910415." 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 correction of his retirement DD Form 214 to show two awards of the Bronze Star Medal. __________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. IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011032 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 retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. The Bronze Star Medal (BSM) (2nd Award) with "V" Device, Meritorious Service Medal (MSM), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K), additional awards of the Overseas Service Ribbon (OSR), and the Aircraft Crewmember Badge. b. He served overseas in support of Operation Desert Shield/Desert Storm. 2. The applicant states, in effect, he received two BSMs, one with the "V" Device, and an MSM with orders that were mailed to him. He states he served in support of Operation Desert Shield/Desert Storm, but his record does not reflect any Southwest Asia (SWA) service medals for the liberation of Kuwait, Iraq, or Saudi Arabia. His discharge should reflect another OSR and the Aircraft Crewmember Badge. 3. The applicant provides: * Letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 22 January 2015 * Standard Form 180 (Request Pertaining to Military Records) online verification * MSM award certificate, dated 24 March 1992 * DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and MSM), dated 3 January 1992 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. A review of the applicant's record revealed that the Aircraft Crewmember Badge is listed on his DD Forms 214 for the periods ending 18 June 1972, 23 July 1978, and 30 April 1992. Therefore, the Board will not discuss this portion of his request any further in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 6 February 1970. 4. His DA Form 20 (Enlisted Qualification Record) shows: a. Item 31 (Foreign Service), he served in Vietnam from 17 October 1970 to 16 October 1971. b. Item 38 (Record of Assignments), he served with Troop A, 3rd Squadron, 17th Air Cavalry in Vietnam. c. Item 41 (Awards and Decorations), an entry for the BSM (General Orders Number 60 published by Headquarters, 1st Aviation Brigade, in 1972). 5. His service record contains General Orders Number 60, dated 9 January 1972 issued by Headquarters, 1st Aviation Brigade on 9 January 1972 awarding him the BSM with "V" Device for action on 30 May 1971. 6. His service record does not include a formal recommendation or announcement in orders for a second award of the BSM. 7. The Army honorably discharged him on 18 June 1972 for immediate reenlistment. His DD Form 214 issued for this period shows the National Defense Service Medal, Aircraft Crewmember Badge, Vietnam Service Medal, one overseas service bar, and Army Commendation Medal. His discharge document also shows he completed 1 year of foreign service. 8. He reenlisted on 19 June 1972 and served in Germany from 24 September 1975 to 23 July 1978 during this period of service. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows, in part, the BSM with "V" Device and two OSRs. 9. The Army honorably discharged him on 23 July 1978. His DD Form 214 for this period shows, in part, the BSM with "V" Device. This DD Form 214 also shows he completed 2 years and 10 months of foreign service. 10. He reenlisted on 24 July 1978 and completed his overseas tour in Germany from 24 July 1978 to 19 July 1979. His DA Form 2-1 shows he also served in Germany from 15 December 1982 to 6 December 1985 and deployed to Saudi Arabia from 26 September 1990 to 10 April 1991. 11. He provided a DA Form 638-1, dated 3 January 1992, and a certificate, dated 24 March 1992, that show he received the MSM for meritorious service from 28 February 1982 to 1 March 1992 by Permanent Order Number 32-2 issued by the 10th Mountain Division (Light Infantry) on 24 March 1992. 12. He retired from active duty on 30 April 1992. His retirement DD Form 214 shows: a. Item 12f (Foreign Service), he completed 7 years, 4 months, and 3 days of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)), in part, entries for the OSR with Numeral 2, BSM with "V" Device, and Southwest Asia Service Medal with two bronze service stars. c. Item 18 (Remarks), no entry to reflect service in Southwest Asia. 13. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Database. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. This database shows the applicant served overseas during Operation Desert Shield/Desert Storm from 1 October 1990 to 15 April 1991. 14. He provided a letter dated 22 January 2015 that shows the NPRC shipped him several awards, including the BSM with "V" Device, Southwest Asia Service Medal with two bronze service stars, and OSR with Numeral 2. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation states: a. The BSM 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. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM. b. The Kingdom of Saudi Arabia approved award of the KLM-SA on 3 January 1992 and awarded the medal 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 Government of Kuwait approved award of the KLM-KU on 9 November 1995 and awarded the medal 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. d. The Secretary of the Army established the OSR on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the OSR. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. Paragraph 18(f)(2) states the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit. DISCUSSION: 1. General orders awarded the applicant the BSM with "V" Device. The applicant contends he received two awards of the BSM. However, his service record does not include any evidence and he did not provide sufficient evidence he received a second award of the BSM. 2. Permanent orders published on 24 March 1992 awarded the applicant the MSM. 3. The DMDC shows the applicant deployed in support of Operation Desert Shield/Desert Storm from 1 October 1990 to 15 April 1991, a period of 6 months and 15 days. He served a period of qualifying service for the Southwest Asia Service Medal with two bronze service stars, the KLM-SA, and the KLM-KU. His retirement DD Form 214 currently reflects the Southwest Asia Service Medal with two bronze service stars. 4. The applicant's service record shows he served in Germany from 24 July 1975 to 19 July 1979 and 15 December 1982 to 6 December 1985. His retirement DD Form 214 reflects the OSR with Numeral 2 for his tours in Germany. 5. The applicant's service record shows he served in Vietnam from 17 October 1970 to 16 October 1971 and completed sufficient overseas service for an additional OSR. Since he did not complete sufficient service in Saudi Arabia for a normal overseas tour, he does not meet the requirement for an additional OSR for his service in Saudi Arabia. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011032 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011032 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2