IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20080005018 


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 he be issued a DD Form 215 (Correction to DD Form 214 [Certificate of Release or Discharge from Active Duty]) reflecting that he received the Army Achievement Medal with two bronze service stars (sic Oak Leaf Clusters). 

2.  The applicant states, in effect, that he was awarded the Army Achievement Medal on three different occasions and his DD Form 214 reflects being awarded only one medal. 

3.  The applicant provides three copies of orders and award certificates awarding him the Army Achievement Medal and a copy of his DD Form 214 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 record shows he enlisted in the Regular Army on 1 December 1987.  He was trained as a Cannon Crewmember, in military occupational specialty (MOS), 13B.  He served until he was discharged, under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  

3.  The applicant’s DD Form 214 shows he was awarded the Southwest Asia Service Medal, with two bronze service stars; the Army Achievement Medal; the Army Good Conduct Medal; the National Defense Service Medal; the Army Service Ribbon; the Overseas Service Ribbon; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the Kuwait Liberation Medal.  His DD Form 214 does not show any additional awards.

4.  Item 18 (Remarks), of his DD Form 214, shows that the applicant served in Southwest Asia from 2 September 1990 to 24 March 1991.

5.  The applicant provides a copy of a certificate and Permanent Orders 032-094, date 16 February 1989, which show he was awarded the Army Achievement Medal, for meritorious achievement.  This award, which is his first award, is shown on his DD Form 214.

6.  The applicant provides a copy of a certificate and an approved DA Form 
638-1 (Recommendation for Award) from Headquarters and Service Battery (HSB), 1st Battalion, 320th Field Artillery (FA) Regiment, 101st Airborne Division, which show Permanent Orders 17-2, dated 17 September 1991, awarded him a second award of the Army Achievement Medal, for exceptionally meritorious service, while assigned as the Battery Armorer during the period 5 August 1991 through 9 August 1991.  

7.  The applicant provides a copy of a certificate and an approved DA Form   638-1 from HSB, 1st Battalion, 320th FA Regiment, 101st Airborne Division, which shows Permanent Orders 11-3, dated 28 May 1992, awarded him a third award of the Army Achievement Medal, for outstanding performance, while assigned as the Battery Armorer during the period 6 April 1992 to 8 April 1992.   


8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 
1981, distinguish themselves by meritorious service or achievement.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal. 

9.  Service stars are worn on campaign and service medals to denote participation in a named campaign (for example, Southwest Asia Service Medal) and on the service ribbons to denote an additional award (for example the National Defense Service Medal).  Service stars are authorized for wear on the following campaign and service medals and or ribbons including the:  (1) World War I Victory Medal; (2) American Defense Service Medal; (3) American Campaign Medal; (4) Asiatic-Pacific Campaign Medal; (5) European-African-Middle Eastern Campaign Medal; (6) Korean Service Medal; (7) Armed Forces Expeditionary Medal; (8) Vietnam Service Medal; (9) National Defense Service Medal; (10) Humanitarian Service Medal; (11) Prisoner of War Medal; and the 
(12) Southwest Asia Service Medal. 

10.  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.

11.  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 of record shows that the applicant was awarded the Army Achievement Medal on three different occasions.  However, only one award is shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show the third award correctly known as the Army Achievement Medal, 2nd Oak Leaf Cluster, and to have this award added to his DD Form 214. 






2.  The applicant requested correction to his record to show that he received the  Army Achievement Medal with two bronze service stars; however, the second and third awards of the Army Achievement Medal are recognized with Oak Leaf Clusters instead of bronze service stars.  He is therefore not entitled to correction of his records to show the Army Achievement Medal, 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.

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:

      a.  showing the applicant was awarded the Army Achievement Medal, 2nd Oak Leaf Cluster;

      b.  deleting the entry "Kuwait Liberation Medal" on his DD Form 214; and

      c.  awarding 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 the applicant's 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 award of the Army Achievement Medal, with two bronze service stars.




      __________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)                                         AR20080005018



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ABCMR Record of Proceedings (cont)                                         AR20080005018



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