IN THE CASE OF:	

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080001123 


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, in effect, that his record and separation document (DD Form 214) be corrected to show his entitlement to the Kuwait Liberation Medal-Saudi Arabia (KLM-SA), Kuwait Liberation Medal-Kuwait (KLM-KU), Armed Forces Reserve Medal (AFRM) with silver hourglass (2nd Award) and  "M" (Mobilization) Device;  Army Reserve Component Achievement Medal (ARCAM) 5th Oak Leaf Cluster (6th Award), and Army Reserve Component Overseas Training Ribbon (ARCOTR) 2nd Oak Leaf Cluster (3rd Award).

2.  The applicant states, in effect, that after reviewing his separation documents (DD Forms 214), he discovered the awards in question were not included in the list of awards entered on his last active duty separation document, which he received upon his release from active duty (REFRAD) on 8 February 1995.  He further states that he believes these awards were not listed on his DD Form 214 due to many factors, which included administrative error on the part of the personnel clerk, his retirement, his unit’s reorganization, and unit Federal activations, which could have resulted in his records being anywhere.  

3.  The applicant provides the following documents in support of his application:  Self-Authored Statement; Third-Party Statement; National Personnel Records Center (NPRC) Letter, dated 7 December 2007; Recommendation for Award
(DA Form 638-1) of the Army Commendation Medal (ARCOM); Army Achievement Medal (AAM) Certificate; California Army National Guard (CAARNG) Award Certificates and Separation Document (NGB Form 22); 
Certificate of Release or Discharge from Active Duty (DD Form 214); Active Duty Training (ADT) Orders and Amendments; and Certificates and Letters of Achievements, Appreciation and Commendation.

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 record shows that he served on active duty in the Regular Army (RA) from 18 February 1966 through 8 January 1969; the United States Army Reserve (USAR) Control Group from 9 January 1969 through 
2 September 1969; and the California Air National Guard (CANG) from
3 September 1969 through 15 March 1979.  It also shows he served in the California Army National Guard (CAARNG) from 5 July 1979 through 24 January 1997, at which time he was transferred to the Retired Reserve.  

3.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in Item 5 (Overseas Service), that he served in Southwest Asia (Saudi Arabia) from 
30 January through 17 May 1991.  Item 9 (Awards, Decorations & Campaigns) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM) with 1 bronze service star (2nd Award); Army Good Conduct Medal (AGCM); Army Service Ribbon (ASR); Army Reserve Component Achievement Medal (ARCAM); Noncommissioned Officer Professional Development Ribbon (NCOPDR) with Numeral 2; Air Force Longevity Service Award (AFLSA) with 1st Oak Leaf Cluster (2nd Award); Overseas Service Ribbon (OSR); AAM; ARCOTR; AFRM (3rd Award); Southwest Asia Service Medal (SWASM) with1 bronze service star; Marksman Marksmanship Qualification Badge with Rifle Bar; and Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

4.  The applicant’s record contains Headquarters, 49th Military Police Battalion Permanent Orders Number 2-4, dated 20 April 1988, which awarded him the ARCOTR (1st Award) for his participation in Annual Training/Team Spirit 88 in Korea during the period 21 March 1988 through 10 April 1988. 

5.  The applicant’s record also contains Office of The Adjutant General (OTAG), Sacramento, California, Orders Number 39-31, dated 22 February 1990, which ordered him to active duty for training (ADT) at Yongsan, South Korea, for a period of 15 days from 10 March through 24 March 1990; and OTAG Orders Number 351-019, dated 16 December 1990, which ordered him to ADT in the Republic of Panama for 16 days from 16 April through 2 May 1993. 

6.  On 5 October 1994, the applicant was ordered to active duty in support of Operation Uphold Democracy.  He served on active duty until 8 February 1995, at which time he was released from active duty (REFRAD) due to completion of required active duty service.  The DD Form 214 he was issued upon his REFRAD confirms he completed a total of 4 months and 4 days of active military service.   Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded Authorized) shows he earned the AAM, NDSM, and the ASR.

7.  The applicant's record also contains an Army National Guard Retirement Points History Statement, dated 29 April 1997.  This document shows that as of 24 January 1997, the applicant had completed a total of 26 years, 10 months, and 21 days of creditable service for retirement pay.  This statement also shows that he completed only one 10-year qualifying period, within a total period of 
12 years, that qualified for award of the AFRM.  It also shows that between 5 July 1979, the date of his entry into the CAARNG, and 24 January 1997, the date of his transfer to the Retired Reserve, he completed 4 qualifying periods for the ARCAM.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Chapter 4, Section III contains guidance on award of the ARCAM.  It states, in pertinent part, that between 3 March 1972 and 28 March 1995, the medal was authorized on completion of 4 years of service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his/her retirement year.  The regulation stipulates that service performed in the Reserve Components of the U.S. Air Force, Navy, Marine Corps, or Coast Guard may not be credited for award of the ARCAM.

9.  Section III of the awards regulation further states that ARCAM qualifying service for computation purposes is based only by retirement ending year dates. Effective 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  That is, Soldiers completing 3 years of qualifying service on or after 28 March 1995 are eligible for ARCAM consideration. This change is not retroactive.  An Oak Leaf Cluster is awarded to denote second and subsequent awards of the ARCAM.  

10.  Paragraph 5-3 of the awards regulation contains guidance on award of the ARCOTR.  It states, in pertinent part that the ARCOTR is awarded to members of the Reserve Components (RC) of the Army National Guard (ARNG) and U.S. Army Reserve (USAR), for successful completion of annual training (AT) or active duty for training (ADT) for a period not less than 10 consecutive duty days on foreign soil.  ARNG and USAR Soldiers who accompany the RC unit (including unit cells) to which they are assigned or attached as full-time unit support during overseas training are also eligible for the award.  Soldiers must be credited with completion of at least 10 consecutive duty days outside the 50 States, the District of Columbia and U.S. possessions and territories in the performance of duties in conjunction with Active Army, joint services, or Allied Forces.  It further stipulates that the day of departure counts; however, the day of return does not.

11.  Paragraph 5-8 of the awards regulation contains guidance on award of the AFRM.  It states, in pertinent part that the AFRM is awarded for honorable and satisfactory service as a member or former member of one or more of the RCs of the Armed Forces of the United States, including the Coast Guard Reserve and the Marine Corps Reserve, for a period of 10 years under the following conditions:  years of service must have been performed within a period of 
12 consecutive years and service performed on or after 1 July 1949, a member must accumulate, during each anniversary year, a minimum of 50 retirement points.  It further stipulates that the "M" Device is authorized for wear on the AFRM by members of the Reserve Components who are called or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the Secretary of Defense. 

12.  Paragraph 9-14 of the awards regulation contains guidance on award of the KLM-SA.  It states, in pertinent part, that it is awarded to members who participated in Operation Desert Storm in designated areas between 17 January 1991 and 28 February 1991.
13.  Paragraph 9-15 of the awards regulation contains guidance on award of the KLM-KU and states, in pertinent part, that it is awarded to members who served in Kuwait and Saudi Arabia in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.  
14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 13 state to enter all awards earned during military service.   There are no provisions for entering State awards or any other awards not included in the awards regulation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the KLM-SA, KLM-KU, 
AFRM with "M" Device, ARCAM with 5th Oak Leaf Cluster (6th Award), and the 
ARCOTR with 2nd Oak Leaf Cluster (3rd Award) was carefully considered and found to have merit.  The evidence of record confirms that the applicant served in SWA in support of Operation Desert Shield/Desert Storm from 30 January through 17 May 1991, as evidenced by his DD Form 214 and DA Form 2-1.  It further confirms that based on this service in SWA, he is entitled to the KLM-SA, KLM-KU, and the “M” Device with his ARFM.  Therefore, it would be appropriate to add these awards to his record and separation document at this time.

2.  By regulation, the ARCAM was authorized to members who completed 
4 years of qualifying service (i.e. 50 retirement points during retirement year) in a RC on or after 3 March 1972 and before 28 March 1995, and for 3 years of qualifying service on or after 28 March 1995.  The evidence of record confirms that the applicant completed 4 qualifying periods of service for the ARCAM during the period between 5 July 1979 through 24 January 1997, the date he was transferred to the Retired Reserve.  Therefore, it would be appropriate to correct his record and separation document to show his entitlement to the ARCAM with 5th Oak Leaf Cluster (6th Award) at this time. 

3.  By regulation the ARCOTR is awarded to members of the RC for successful completion of AT or ADT for a period not less than 10 consecutive duty days on foreign soil.  The evidence of record confirms the applicant completed 21 days of ADT in Korea during the period 21 March 1988 through 10 April 1988; 15 days of ADT in Korea from 10 through 24 March 1990; and 16 days of ADT in Panama from 16 April through 2 May 1993, as evidenced by orders contained in his records.  Based on these three periods of overseas ADT service, he is entitled to the ARCOTR with 2nd Oak Leaf Cluster (3rd Award).  Therefore, it would be appropriate to add this award to his record and separation document at this time.

4.  The applicant’s contention that he is entitled to three awards of the AFRM was also carefully considered.  However, there is insufficient evidence to support this claim.  The evidence of record confirms that the applicant only completed one qualifying 10-year period for the AFRM.  As a result, there is an insufficient evidentiary basis to support additional awards of the AFRM and it would not be appropriate to grant this portion of the requested relief.  


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 amending his 8 February 1995 DD Form 214 by deleting the current list of awards in Item 13 and replacing it with the entry "National Defense Service Medal with 1 bronze service star, Army Good Conduct Medal, Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Air Force Longevity Service Award with 1st Oak Leaf Cluster (2nd Award), Overseas Service Ribbon, Army Achievement Medal, Army Reserve Component Achievement Medal with 5th Oak Leaf Cluster (6th Award), Army Reserve Component Overseas Training Ribbon with 2nd Oak Leaf Cluster (3rd Award), Armed Forces Reserve Medal with "M" Device, Southwest Asia Service Medal with bronze service star, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar”; and by providing him a correction to his separation document that includes this change.  

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 Armed Forces Reserve Medal (3rd Award).



      _________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)                                         AR20080001123



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ABCMR Record of Proceedings (cont)                                         AR20080001123


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