IN THE CASE OF:	

		BOARD DATE:	  25 September 2008 

		DOCKET NUMBER:  AR20080011935 


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 Army Commendation Medal and Southwest Asia Service Medal with three bronze service stars instead of the two bronze service stars currently shown.

2.  The applicant states, in effect, that she served in Southwest Asia during Operations Desert Shield/Desert Storm as a vehicle dispatcher and should have received the Army Commendation Medal and three bronze service stars.

3.  The applicant provided a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 6 April 1992; a self-authored letter, dated 22 February 2008; a copy of an undated Certificate of Appreciation; and an undated letter of support from a retired sergeant first class (SFC), in support of her 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 records show she enlisted in the Regular Army for a period of 3 years on 9 May 1989.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  She was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 6 April 1992.  The highest rank/grade she attained during her military service was specialist (SPC)/E-4.

3.  The applicant’s records show that she served in Southwest Asia in support of Operations Desert Shield/Desert Storm from 25 September 1990 to 7 May 1991.

4.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded the National Defense Service Medal, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Southwest Asia Service Medal with two bronze service stars, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Grenade Bar.  Item 13 does not show award of the Army Commendation Medal.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show award of the Army Commendation Medal.

6.  The applicant’s records do not contain orders awarding her the Army Commendation Medal.

7.  In her letter, dated 22 February 2008, the applicant states that she served in Southwest Asia during Operations Desert Shield/Desert Storm as a vehicle dispatcher and relief driver.  She also states that she drove in convoys on several occasions, kept accurate logs on all vehicles, supported the drivers by keeping track of miles driven, dispatched drivers on missions, and performed radio checks at night.  When she returned home, she and another dispatcher were the only two Soldiers to receive Certificates of Participations while all the other drivers and dispatchers were awarded the Army Commendation Medal.


8.  In an undated letter of support, a retired SFC states that the applicant played a big part of the unit’s success in Southwest Asia.  In theater, she performed dispatching, administrative, driving, and communications duties, and should have received an achievement or a commendation medal.

9.  Army Regulation (AR) 600-8-22 (Military Awards) provides, in pertinent part, that the Army Commendation Medal is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service. Award may be made to a member of the Armed Forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service which has been of mutual benefit to a friendly nation and the United States.  Awards of the ARCOM may be made for acts of valor performed under circumstances described above which are of lesser degree than required for award of the Bronze Star Medal. These acts may involve aerial flight.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

10.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

11.  AR 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 participation in the Defense of Saudi Arabia campaign, 2 August 1990 to 16 January 1991; the Liberation and Defense of Kuwait campaign, 17 January to 11 April 1991, and the Cease-Fire campaign, 12 April 1991 to 30 November 1995.




12.  Review of the applicant's records indicates her entitlement to additional awards that are not shown on his DD Form 214.

13.  AR 600-8-22 provides, in pertinent part, that 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 and 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.

14.  AR 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service in Southwest Asia in support of Operations Desert Shield/Desert Storm is not in question.  Additionally, the applicant’s statement and that of the retired SFC are noted.  However, there is no evidence in the available record and the applicant did not provide substantiating evidence that shows she was awarded the Army Commendation Medal.  The applicant’s record is void of any formal recommendation, approval through the chain of command, or orders that show she was awarded the Army Commendation Medal.  Therefore, there is insufficient evidence to award the applicant the Army Commendation Medal.

2.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue her claim for the Army Commendation Medal by submitting a request through her Member of Congress under the provisions of 10 USC 1130.

3.  With respect to the bronze service stars, the evidence of record shows that the applicant served in Southwest Asia from 25 September 1990 to 7 May 1991 and was awarded the Southwest Asia Service Medal.  Additionally, records show she participated in three campaigns (the Defense of Saudi Arabia from 2 August 


1990 to 16 January 1991; the Liberation and Defense of Kuwait, from 17 January to 11 April 1991; and the Cease-Fire, from 12 April 1991 to 30 November 1995) while serving in Southwest Asia.  Therefore, she is entitled to award of three bronze service stars to be affixed to the Southwest Asia Service Medal.

4.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 25 September 1990 to 7 May 1991.  Therefore, she served a qualifying period for award of the KLM-SA and the KLM-KU and is entitled to correction of her records to show these awards.

5.  The evidence of record confirms that the applicant served honorably during the period 9 May 1989 to 6 April 1992.  She attained the rank of SPC and completed over 7 months of service in Southwest Asia during Operations Desert Shield/Desert Storm.  Lacking any derogatory information on file that would have disqualified her, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service and correct her records to show this award.

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.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period from 9 May 1989 to 6 April 1992;

	b  deleting the entry “Southwest Asia Service Medal with two bronze service stars” and replacing it with the entry “Southwest Asia Service Medal with three bronze service stars” in Item 13 of the applicant’s DD Form 214; and


	c.  showing award of the KLM-SA and the KLM-KU.

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 the Army Commendation Medal.



      _________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)                                         AR20080011935



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ABCMR Record of Proceedings (cont)                                         AR20080011935



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