RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20080003032 


	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.



      The following members, a quorum, were present:



	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 record be corrected by adding all awards to which he is entitled based on his service in Southwest Asia (SWA).   

2.  The applicant states, in effect, that based on his service in a theater of combat operations from 2 January through 14 May 1991 in support of Operation Desert Shield/Desert Storm, he should receive at least an Overseas Campaign Medal, Kuwait Liberation Medal (KLM), and the Army Good Conduct Medal.  

3.  The applicant provides his discharge orders and separation document
(DD Form 214) in support of his application. 

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 while serving in the United States Army Reserve (USAR) the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm on 21 November 1990.  He served in SWA from 
2 January through 9 May 1991, and was honorably released from active duty and returned to his USAR unit on 6 June 1991.  

3.  The DD Form 214 issued to the applicant on 6 June 1991, shows that he completed 6 months and 15 days of active duty service during the period covered by the separation document.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that he earned the following awards:  Army Service Ribbon; National Defense Service Medal; and Army Lapel Button.  


4.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-14 contains guidance on the SWA Service Medal (SWASM). It states, in pertinent part, that it is authorized for members who served in SWA or after 2 August 1990 to 30 November 1995.  A bronze service star will be worn on the suspension and service ribbon of the SWASM for participation in each designated campaign.  Appendix B contains a list of SWA campaigns and shows that during the applicant's tenure of assignment in SWA, participation credit was granted for the Defense of Saudi Arabia, Liberations and Defense of Kuwait, and Southwest Asia Cease Fire campaigns.  

5.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

6.  Paragraph 9-14 of the award regulation contains guidance on the Kuwait Liberation Medal-Saudi Arabia (KLM-SA).  It states, in pertinent part, that it is awarded to members who served in SWA and participated in Operation Desert Storm between 17 January 1991 and 28 February 1991.

7.  Paragraph 9-15 of the awards regulation contains guidance on the Kuwait Liberation Medal-Kuwait (KLM-KU).  It states, in pertinent part, that it is awarded to members who served in SWA in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 31 August 1993.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have received awards for his service in SWA in support of Operation Desert Shield/Desert Storm was carefully considered and found to have merit.  The evidence of record confirms the applicant served in SWA from 2 January through 9 May 1991.  As a result, he is entitled to the SWASM with 3 bronze service stars, KLM-SA, and the KLM-KU.  As a result, it would be appropriate to add these awards to his record and separation document at this time.  

2.  The applicant's contention that he should have received the AGCM was also carefully considered.  However, given he completed less than 1 year of active duty service during the period in question, the regulatory criteria necessary to 
support award of the AGCM has not been met in this case.  As a result, there is an insufficient evidentiary basis to support granting 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 showing his entitlement to the Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait; and by providing him a correction to his separation document that includes these awards.  

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 award of the Army Good Conduct Medal.




      	_______x_______________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080003032



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508