RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070012070 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. C. M.

Director

Ms. J. A. W.

Analyst

The following members, a quorum, were present:


Mr. T. S. K.

Chairperson

Mr. J. L. P.

Member

Mr. D. T.

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 14 May 1991, be corrected to show all awards and decorations to which he is entitled.  

2.  The applicant states, in effect, that the following awards are missing from his DD Form 214, dated 14 May 1991: the Army Commendation Medal (ARCOM), 3rd Oak Leaf Cluster (OLC); the Army Good Conduct Medal; the Southwest Asia Service Medal (SWASM), with three bronze service stars; the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia; the Kuwait Liberation Medal awarded by the Government of Kuwait; and the Army Reserve Components Achievement Medal (ARCAM), 5th Award.  He states that his record updates were overlooked until he returned to reserve status and that the corrections were a low priority in the Reserve. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 9 February 1973; a copy of his DD Form 214, dated 14 May 1991; a copy of his DA Form 2-1 (Personnel Qualification Record – Part II); a copy of his DD Form 215 (Correction to DD Form 214); and a copy of a letter from the National Personnel Records Center (NPRC), dated 31 May 2007, in support of his request. 

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's military records show he enlisted in the Regular Army on 12 February 1970.  He was trained as a Personnel Specialist, in military occupational specialty (MOS), 71H.  He was promoted to SP5/E-5 effective 20 April 1971.  He served until he was released from active duty on 9 February 1973.  He was transferred to the United States Army Reserve (USAR).
3.  The applicant’s DD Form 214, dated 9 February 1973, shows he was awarded the National Defense Service Medal (NDSM); the Vietnam Service Medal; the ARCOM, with 2nd OLC; three Overseas Service Bars; the Air Medal, the Aircraft Crewman Badge; the Republic of Vietnam Campaign Medal; and the Bronze Star Medal.  His DD Form 214 does not show any additional awards.

4.  The applicant enlisted in the USAR on 21 May 1977, in pay grade E-5.  

5.  The applicant was ordered to active duty on 21 November 1990 in support of Operation Desert Shield/Desert Storm.  He was released from active duty on 14 May 1991.  

6.  The applicant’s DD Form 214, dated 14 May 1991, shows he was awarded the Army Service Ribbon (ASR) and the NDSM.  His DD Form 214 does not show any additional awards.

7.  The applicant provided a copy of his DD Form 215, dated 5 February 1992, which shows he was awarded the NDSM (2nd Award); the ASR; the NCO Professional Development Ribbon, with Numeral 3; the Armed Forces Reserve Medal; the ARCOM, 2nd OLC; the Army Reserve Component Overseas Training Ribbon, with Number 2; the Army Achievement Medal, 1st OLC; and the SWASM, with two bronze service stars; the Kuwait Liberation Medal; the Bronze Star Medal; three Overseas Service Bars; the Vietnam Service Medal; the Air Medal; the Republic of Vietnam Campaign Medal; and the Aircraft Crewman Badge.

8.  The applicant was promoted to master sergeant (MSG/E-8) effective 7 March 1994.  He served until he was transferred to the Retired Reserve effective 19 October 1994.

9.  There are no orders in the applicant’s service personnel records which show that he was awarded four awards of the ARCOM.  There also is no evidence in his records that show he was recommended for award of the ARCOM on four occasions.  His DA Form 2-1 (Personnel Qualification Record – Part II) does not list the ARCOM, 3rd OLC, in item 9 (Awards, Decorations, and Campaigns).

10.  Item 9 (Awards, Decorations & Campaigns), of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II), shows that he was awarded the SWASM, with three bronze service stars; the Kuwait Liberation Medal; the Army Good Conduct Medal (730209 [9 February 1973]); the ARCAM, 3rd Award, in May 1989; and the ARCAM in May 1993.  It also shows he participated in three campaigns in Southwest Asia.
11.  The applicant's records contain a copy of a memorandum, from the 44th Evacuation Hospital, dated 13 October 1993, which shows that he was awarded the ARCAM, 5th award.

12.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

13.  The applicant requested correction of his records to show award of the Army Commendation Medal, with 3rd Oak Leaf Cluster; however, evidence could not be found, nor did he provide any to substantiate his request.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The applicant has been notified by separate correspondence of the procedure for applying for award of the Army Commendation Medal, with 3rd Oak Leaf Cluster, under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

14.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-fire Campaign (12 April 1991 to 30 October 1995).

15.  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.
16.  The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant served in the Regular Army from 12 February 1970 to 9 February 1973.  His record shows he was awarded the Army Good Conduct Medal, on 9 February 1973.  However, it was inadvertently omitted from his DD Form 214, dated 9 February 1973.  He is therefore entitled to correction of his DD Form 214, dated 14 May 1991, to show this award.

2.  The evidence shows that the applicant served in SWA and participated in three campaigns.  However, his DD Form 215 (Corrections to DD Form 214), dated 5 February 1992, indicates that he was awarded two bronze service stars instead of three service stars.  The DD Form 215 was incorrectly prepared.  He is therefore entitled to correction of his DD Form 214, dated 14 May 1991, to show one additional bronze service star to be affixed to his already-awarded SWASM, with two bronze service stars.

3.  It is noted that the applicant was awarded the Kuwait Liberation Medal; however, he was entitled to the Kuwait Liberation Medal (KLM-SA) awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal (KLM-KU) awarded by the Government of Kuwait based on his service in Southwest Asia.  He is therefore entitled to correction of his records to show these awards.

4.  The evidence shows the applicant was awarded the ARCAM, 3rd Award, in May 1989 and the 5th Award, on 12 October 1993.  He was released from active duty on 14 May 1991.  Awards earned by the applicant after 14 May 1991, the date of the applicant's release from active duty which were earned while he was a member of the Reserve are not added to his DD Form 214.  These awards were to be placed in his military personnel file and added to any subsequently prepared DD Form 214.  He is therefore entitled to correction of his DD Form 214, dated 14 May 1991, to show only the ARCAM, 3rd Award.  He is not entitled to correction of his DD Form 214, dated 14 May 1991, to show the ARCAM, 5th Award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___TK___  ___JP___  __DT___  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:

	a.  by adding the already-awarded Good Conduct Medal, for the period 12 February 1970 to 9 February 1973, to the applicant's DD Form 214, dated 14 May 1991;
	
	b.  by deleting the entry "Kuwait Liberation Medal" on his DD Form 215;

c.  by awarding one additional bronze service star to be affixed to his Southwest Asia Service Medal; the Kuwait Liberation Medal (KLM-SA), awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal (KLM-KU), awarded by the Government of Kuwait, and adding these awards to item 13, of his DD Form 214, dated 14 May 1991; 

	d.  by awarding the applicant the Army Reserve Components Achievement Medal, 3rd Award, and adding this award to item 13, of his DD Form 214.

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 the addition of the Army Reserve Components Achievement Medal, 5th Award, to his DD Form 214.




_____T. S. K.__________
          CHAIRPERSON