IN THE CASE OF:	  

		BOARD DATE:	       4 September 2008

		DOCKET NUMBER:  AR20080008463 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 17 May 1991, to show award of the Army Commendation Medal, the National Defense Service Medal, the Armed Forces Reserve Medal (AFRM) with “M” Device, the Kuwait Liberation Medal (Saudi Arabia), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214 during demobilization outprocessing after Operations Desert Shield and Desert Storm.

3.  The applicant provides his DD Form 214 with the period ending 17 May 1991; a DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty), dated 19 February 1992; and Headquarters, 915th Transportation Company Permanent Orders Number 11-14, dated 1 April 1991.

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 enlisted in the Nebraska Army National Guard (NEARNG) on 29 August 1986 for an 8-year term of service.  On 2 June 1987, the applicant was ordered to active duty for training.  He was released from active duty for training on 2 October 1987.  

3.  The applicant’s DD Form 214, with the period ending 2 October 1987, shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Army Service Ribbon.

4.  On 5 January 1989, he was discharged from the NEARNG and transferred to the United States Army Reserve (USAR) Control Group.

5.  On 27 September 1990, the applicant was ordered to active duty in support of Operations Desert Shield and Desert Storm.  

6.  Headquarters, 915th Transportation Company Permanent Orders Number 
11-14, dated 1 April 1991, show that the applicant was awarded the Army Commendation Medal for meritorious achievement during the period 17 January 1991 to 10 March 1991.

7.  The applicant was released from active duty on 17 May 1991.  His DD Form 214 with the period ending 17 May 1991 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, and the Southwest Asia Service Medal.  On 19 February 1992, the applicant’s DD Form 214 was amended to read the Southwest Asia Service Medal with 2 bronze service stars, and the Kuwait Liberation Medal was added.  

8.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.



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.  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.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 5-8, provides for award of the Armed Forces Reserve Medal (AFRM).  Subparagraph d states, “The “M” Device is authorized for wear on the AFRM by members of the Reserve component 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, as defined in Section 101(A)(13) of Title 10, United States Code.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant met the eligibility criteria for award of the Armed Forces Reserve Medal with “M” Device.  This award should be added to his DD Form 214.

2.  Evidence of record shows that the applicant was awarded the Army Commendation Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar.  His DD Form 214 should be amended to add these awards.

3.  The applicant’s DD Form 214 with the period ending 17 May 1991 as corrected, shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Southwest Asia Service Medal with 2 bronze service stars, and the Kuwait Liberation Medal.  However, his DD Form 214 should show 
that he was awarded both the Kuwait Liberation Medal-Kuwait, and the Kuwait Liberation Medal-Saudi Arabia.  His DD Form 214 should be amended to show these two awards.

BOARD VOTE:

___xx___  __xx____  ___xx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with the period ending 17 May 1991 to add the Armed Forces Reserve Medal with “M” Device, the Army Commendation Medal, the Kuwait Liberation Medal-Kuwait, the Kuwait Liberation Medal-Saudi Arabia, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar.



      ________xxxx__________
               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)                                         AR20080008463



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ABCMR Record of Proceedings (cont)                                         AR20080008463



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