RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20070013779
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 correction of his military records to show award of the Army Commendation Medal for his service during Operation Desert Storm.
2. The applicant states that he never received the Army Commendation Medal.
3. The applicant provides copies of the Recommendation for Award (DA Form 638) with accompanying list of recipients and his Certificate of Release or Discharge from Active Duty (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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 5 July 1989, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 13B (Cannon Crewmember).
3. On 23 October 1989, the applicant was assigned for duty with the 1st Battalion, 5th Field Artillery Regiment, Fort Riley, Kansas.
4. DA Form 638, provided by the applicant, awards him, along with a list of 51 other members of the 1st Infantry Division, the Army Commendation Medal for Meritorious Achievement during the period from 17 January to 28 February 1991. The proposed citation reads: "for outstanding meritorious achievement during Operation Desert Storm. [See attached list] contribution and selfless devotion to duty was instrumental in the victory of his unit against a hostile armed force during the liberation of Kuwait. [See attached list] exemplary conduct under fire brings great credit upon himself, his unit and the 1st Infantry Division." The award recommendation was approved by the 1st Infantry Division Artillery Commander on 8 March 1991. Section VI, Orders Data, provides Permanent Orders Number 2-6, Headquarters, 1st Infantry Division, dated 10 March 1991.
5. On 13 November 1991, the applicant was discharged. His character of service was honorable. He had attained the rank of specialist, pay grade E-4, and had completed 2 years, 4 months, and 9 days of creditable active duty.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the National Defense Service Medal, Southwest Asia Service Medal with two bronze [service] stars, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. It does not show award of the Army Commendation Medal.
7. 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly and convincingly shows that the applicant was recommended for and awarded the Army Commendation Medal for his meritorious achievement during Operation Desert Storm. Therefore, his records should be corrected to show this award. Furthermore, he should be issued an appropriate award certificate.
2. Records show that the applicant served during a qualifying period for award of the Kuwait Liberation Medal-Saudi Arabia; and for award of the Kuwait Liberation Medal-Government of Kuwait. Therefore, his records should be corrected to show these foreign awards.
BOARD VOTE:
___X____ ___X____ ____X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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. issuing him an award certificate for the Army Commendation Medal for his service from 17 January to 28 February 1991 with the following citation: " for outstanding meritorious achievement during Operation Desert Storm. [Applicant's name] contribution and selfless devotion to duty was instrumental in the victory of his unit against a hostile armed force during the liberation of Kuwait. [Applicant's name] exemplary conduct under fire brings great credit upon himself, his unit and the 1st Infantry Division."
b. showing, that in addition to the awards shown on his DD Form 214, his awards include the Army Commendation Medal, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Government of Kuwait.
__________X____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070013779
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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