IN THE CASE OF:	 

		BOARD DATE:	         25 September 2008

		DOCKET NUMBER:   AR20080005791 


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 award of the Kuwait Liberation Medal, the Southwest Asia Service Medal, and the National Defense Service Medal.

2.  The applicant states that he served in Saudi Arabia in November 1990.  He also states that he served in Kuwait in March 1991.  He concludes that he returned from the Persian Gulf on 2 May 1991.

3.  The applicant provides a copy of a DD Form 2774 ([Cold War] Certificate of Recognition) as additional documentary evidence in support of this 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 March 1980 shows that he enlisted in the Regular Army and entered active duty on 31 March 1976.  This form also shows that the applicant possessed the military occupational specialties of 63H (Automotive Repairer) and 63C (Track Vehicle Mechanic) during this period of active duty.  The DD Form 214 also shows the applicant served a period of 3 years, 11 months, and 28 days of active service prior to being transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) in the rank of specialist four (SP4)/pay grade E-4.  This DD Form 214 does not credit the applicant with any service in Kuwait, Saudi Arabia, or any other overseas location.

3.  The applicant's DD Form 214 for the period ending 10 January 1988 shows that, as a member of the USAR, he entered active duty on 24 September 1984.  This form also shows that the applicant possessed the military occupational specialties of 63B (Light Wheel Vehicle Mechanic), 63H, and 57E (Laundry Specialist), covering all periods of service.  This DD Form 214 also shows the applicant served a period of 3 years, 3 months, and 17 days active service prior to being transferred back to his unit in the USAR in the rank of sergeant (SGT)/pay grade E-5.  This DD Form 214 does not credit the applicant with any service in Kuwait, Saudi Arabia, or any other overseas location.

4.  United States Army Reserve Personnel Center, St. Louis, Missouri, Orders
D-01-001347, dated 8 January 1991, discharged the applicant from the United States Army Ready Reserve effective 10 January 1991.  These orders show the applicant's characterization of service was determined to be honorable.

5.  The applicant's records are void of any evidence of either additional service on active duty or service in an overseas location.  There is also no indication that the applicant was either awarded or recommended for award of the Kuwait Liberation Medal, the Southwest Asia Service Medal, or the National Defense Service Medal

6.  The applicant provides a Certificate of Recognition issued to him in recognition of his service during the period of the Cold War (2 September 
1945 through 26 December 1991).

7.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 
1945 to 26 December 1991.

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides 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.  This regulation also provides 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.

9.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

10.  Army Regulation 600-8-22, as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

11.  Military Personnel Message Number 02-150, subject:  Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense Memorandum, same subject, dated 26 April 2002.  The memorandum authorized reinstatement of the National Defense Service Medal.  It stated that the National defense Service Medal is awarded for honorable active service and includes the following inclusive periods:  27 June 1950 through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990 through 30 November 1995; and 11 September 2001 to a date to be determined.  It stated that, as a one-time only exception, members of the Army National Guard and the United States Army Reserve who were part of the Selected Reserve in good standing were authorized the National Defense Service Medal per Executive Orders Number 12778, dated 18 October 1991, for the period 2 August 1990 through 30 November 1995.






DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected by awarding him the Kuwait Liberation Medal, the Southwest Asia Service Medal, and the National Defense Service Medal was carefully considered and determined to be without merit.

2.  Evidence shows the applicant did not serve on active duty during a designated period of time in order to qualify for award of the National Defense Service Medal.  Additionally, as a member of the Ready Reserve, the applicant did not qualify for the one-time only exception which provided that Army National Guard and the United States Army Reserve who were part of the Selected Reserve in good standing were authorized the National Defense Service Medal per Executive Orders Number 12778, dated 18 October 1991, for the period 2 August 1990 through 30 November 1995.

3.  There is no evidence in the available records that show the applicant was either awarded or recommended for award of Kuwait Liberation Medal or the Southwest Asia Service Medal.  Additionally, there is no evidence that the applicant served in Kuwait, Saudi Arabia, or any other overseas location at any time.

4.  The [Cold War] Recognition Certificate was awarded to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  There was no requirement for either active duty service or overseas service in order to receive this Certificate.  Therefore, it cannot be considered as corroborating evidence for the applicant's contention that he served in the Persian Gulf.

5.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement for award of the National Defense Service Medal, Kuwait Liberation Medal, or the Southwest Asia Service Medal.  Therefore, there is no basis upon which to award the applicant any of these medals.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X_____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



__________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.