IN THE CASE OF: BOARD DATE: 21 November 2022 DOCKET NUMBER: AR20220004867 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1992 to show awards of the: . Southwest Asia Service Medal with three Bronze Service Stars . Expert Marksmanship Qualification Badge with Rifle Bar (M-16) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) . Military Personnel Message Number 92-122, 5 February 1993 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his DD Form 214 only shows his Southwest Asia Service Medal with two bronze service stars instead of three and shows his Marksmanship Qualification Badge with Rifle Bar (M-16) as Marksman instead of Expert. 3. On 10 January 1992, he was awarded the Army Achievement Medal for meritorious achievement during the period December 1990 through May 1991. 4. His DA Form 2-1, reviewed on 25 March 1992, shows in: . item 5 (Oversea Service) – he received overseas tour credit for service in Saudi Arabia from 8 December 1990 through 16 June 1991, 6 months temporary duty . item 9 (Awards, Decorations & Campaigns) – . Army Achievement Medal . National Defense Service Medal . Southwest Asia Service Medal with three Bronze Service Stars . Army Service Ribbon . Overseas Service Ribbon . Kuwait Liberation Medal – Saudi Arabia . Expert Marksmanship Qualification Badge with Grenade Bar, 15 June 1990 . Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), 5 June 1990 . Campaigns – . Defense of Saudi Arabia . Liberation and Defense of Kuwait . Cease-Fire . item 35 (Record of Assignments) – he was assigned Troop L, 3rd Squadron, 2nd Armored Cavalry Regiment, from 29 August 1990 to 29 March 1992 5. He was honorably released from active duty on 31 March 1992 and transferred to the U.S. Army Reserve (Annual Training). His DD Form 214 shows in: . item 12c (Net Active Service This Period) – 1 year and 11 months . item 12f (Foreign Service) – 1 year, 7 months and 4 days . item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – . Army Achievement Medal . National Defense Service Medal . Southwest Asia Service Medal with two Bronze Service Stars . Army Service Ribbon . Overseas Service Ribbon . Expert Marksmanship Qualification Badge with Grenade Bar . Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) . Driver and Mechanic Badge 6. The Defense Manpower Data Center Operations Desert Shield/Desert Storm data base shows the applicant served in Southwest Asia in support of Operations Desert Shield/Desert Storm from 1 January 1991 to 20 June 1991. 7. Headquarters, Department of the Army, General Orders Number 27, 27 December 1994, awarded the Valorous Unit Award to the 3rd Squadron, 2nd Armored Cavalry Regiment for extraordinary heroism while engaged in military operations during the period 23 February 1991 to 26 February 1991. 8. There is no evidence in the applicant's service record, nor did he provide documentation of being awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board noted the applicant served in Southwest Asia in support of Operations Desert Shield/Desert Storm from 1 January 1991 to 20 June 1991. The Board determined that the evidence presented is sufficient to add with three Bronze Service Stars to his already awarded Southwest Asia Service Medal. 2. The Board further determined the burden of proof lies with the applicant; however, he did not provide any supporting documentation and his service record has insufficient evidence to support his request for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented sufficient to warrant a partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the service period ending 31 March 1992 to add three Bronze Service Stars to his already awarded Southwest Asia Service Medal. 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 award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 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. ADMINISTRATIVE NOTE(S): The applicant is authorized administrative correction of his DD Form 214 to show the following awards without Board action: . Kuwait Liberation Medal – Saudi Arabia . Kuwait Liberation Medal – Government of Kuwait . Valorous Unit Award REFERENCES: 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 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. The goal of the total Army Awards Program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: . Defense of Saudi Arabia (2 August 1990 to 16 January 1991) . Liberation and Defense of Kuwait (17 January to 11 April 1991) . Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 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. 4. The Defense Manpower Data Center compiled the Operations Desert Shield/Desert Storm data base. The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between August 1990 and December 1997. //NOTHING FOLLOWS//