IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015664 BOARD VOTE: ____x_____ ___x____ ___x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015664 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: a. deleting the following entry in item 13: "//MARKSMAN BADGE M-6 RIFLE"// b. adding the following entry to item 13: "//KUWAIT LIBERATION MEDAL – KUWAIT//MARKSMAN MARKSMANSHIP QUALIFICATION BADGE WITH RIFLE BAR (M-16)//"; and c adding the following entry to item 18: "//SERVICE IN SAUDI ARABIA FROM 19901021–19910502//". ____________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: 6 June 2018 DOCKET NUMBER: AR20160015664 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 Kuwait Liberation Medal – Kuwait and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 2. The applicant states the medal was awarded after he was discharged from service. In addition, the marksmanship qualification badge shows he qualified with the M-6 instead of the M-16 rifle. 3. The applicant provides a copy of his 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 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 14 September 1988. 3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) lists his deployment to Saudi Arabia for the period 21 October 1990 through 2 May 1991 (a period of 6 months and 12 days). Item 9 (Awards, Decorations & Campaigns) shows he qualified as a marksman with the M-16 rifle on 21 August 1989. 4. The applicant was honorably released from active duty on 16 June 1992. Item 12f (Foreign Service) of the DD Form 214 rendered at the time of his release from active duty shows he served 6 months and 12 days of foreign service. Item 18 (Remarks) does not list his deployment to Saudi Arabia. This form further shows he was awarded or authorized the: * Army Good Conduct Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-6) * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Army Lapel Button * National Defense Service Medal * Southwest Asia Service Medal with 3 bronze service stars * Air Assault Badge * Kuwait Liberation Medal – Saudi Arabia 5. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 December 1995. The Desert Shield/Storm Data Base confirms he served in Southwest Asia. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. The Kuwait Liberation Medal – Kuwait, 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. 2. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that for: a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations; and b. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." DISCUSSION: 1. The applicant's records list his deployment to Saudi Arabia for the period 21 October 1990 through 2 May 1991. His recognized period of foreign service qualified him for award of the Kuwait Liberation Medal – Kuwait. 2. The applicant's records show he qualified as a marksman with the M-16 rifle. It is apparent a typographic error occurred while transferring this information to 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) AR20160015664 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015664 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2