IN THE CASE OF:	  

	BOARD DATE:	  5 JUNE 2008

	DOCKET NUMBER:  AR20070017290 


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 that Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to show the awards of the Kuwait Liberation Medal and the Army Reserve Component Achievement Medal.  He also requests that Item 11 (Primary Specialty) of his DD Form 214 be corrected to show the military occupational specialties (MOSs) 11B (Infantryman) and 12C (Combat Engineer) [Bridge Crewmember].

2.  The applicant states, in effect, that Item 13 and Item 11 of his DD Form  
214 should reflect the Kuwait Liberation Medal, Army [Reserve Component] Achievement Medal, and the additional MOSs of 11B and 12C.

3.  The applicant provides a copy of his DD Form 214 and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), NGB Form 22 (Report of Separation and Record of Service), and the North Dakota Army National Guard (NDARNG) Military Qualification Statement.

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 personnel record shows that he enlisted in the U.S. Army Reserve on 7 October 1987.  He completed the necessary training, was awarded the MOS 11B (Infantryman), and he was honorably released from active duty training and transferred back to his reserve unit in Ottuma, Iowa on  
21 January 1988.  The DD Form 214 he received shows he completed 3 months and 15 days of Net Active Service This Period.

3.  His NGB Form 22 shows that he entered the NDARNG on 27 July 1988.

4.  His DD Form 214 for the period ending 29 July 1991 shows he entered active duty in support of Operation Desert Shield/Desert Storm and he served in Southwest Asia during the period 23 October 1990 through 28 June 1991.  He was released from active duty and transferred to Headquarters, NDARNG, Bismarck, North Dakota on 29 July 1991.  He completed 10 months and 18 days of Net Active Service This Period.

5.  Item 11 of his DD Form 214 for the period ending 29 July 1991 shows  
"77F2O Petroleum Supply Specialist//00YRS 11MOS//Nothing Follows."

6.  Item 13 of his DD Form 214 for the period ending 29 July 1991 shows the awards of the Army Service Ribbon, Southwest Asia Service Medal, National Defense Service Medal, and the Army Lapel Button.  However, it does not show the Kuwait Liberation Medals.

7.  A DD Form 215 was later issued to show the applicant was awarded the Southwest Asia Service Medal with 2nd bronze service star, Driver W/Badge [correctly known as the Driver and Mechanic Badge with Driver-W Bar], and the Overseas Service Bar.

8.  Headquarters, United States Army Forces Central Command Permanent Orders Number 9-10 dated 16 January 1992 shows that the unit the applicant was assigned to while serving in southwest Asia was awarded the Meritorious Unit Commendation Medal for the period 24 October 1990 to 1 June 1991.

9.  The applicant's personnel record does not contain any orders awarding him the Army Reserve Component Achievement Medal for the period of his active duty tour ending 29 July 1991.

10.  Item 13 (Primary Specialty Number, Title and Date Awarded) of his NGB Form 22 for the period ending 5 July 1995 shows the following entry:  "(P)  
12C2O Bridge Crewmember 891208, (S) 77F2O Petroleum Supply Specialist 901012, and (A) 11B2O Infantryman 891208."

11.  Item 15 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his NGB Form 22 for the period ending 5 July  
1995 shows, among other awards, the awards of the Southwest Asia Service Medal, Kuwait Liberation Medal, and Army Reserve Component Achievement Medal.

12.  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.

13.  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.

14.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the Soldier’s continuous active military service will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 13 and Item 11 of his DD Form 214 should be corrected to show the Kuwait Liberation Medal and the Army Reserve Component Achievement Medal; and his MOSs of 11B and 12C. 

2.  Evidence of record shows the applicant served in Southwest Asia in support of Operation Desert Shield/Desert Storm during the period 23 October  
1990 through 28 June 1991.  Therefore, he is entitled to correction of his records 

to show the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).

3.  Orders show the applicant is authorized the award of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this unit award.

4.  There is no evidence that shows the applicant was awarded the Army Reserve Component Achievement Medal prior to his release from active duty on 29 July 1991.  Therefore, he is not entitled to correction of his records to show the Army Reserve Component Achievement Medal on his DD Form 214.

5.  There is no evidence or indication that shows the applicant served in his additional MOSs for a period of one year or more during continuous active military service.  Therefore, there is insufficient evidence to correct Item 11 of his DD Form 214 for the period ending 29 July 1991 to include MOSs 11 B and 12C.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  __X____  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 by showing the awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), and the Meritorious Unit Commendation.

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 showing award of the Army Reserve Component Achievement Medal, and addition of MOSs 11B and 12C to his DD Form 214 for the period ending 29 July 1991.



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20070017290



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ABCMR Record of Proceedings (cont)                                         AR20070017290



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