IN THE CASE OF:	

		BOARD DATE:	    20 November 2008

		DOCKET NUMBER:  AR20080012742 


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) to show the correct number of awards of the Army Achievement Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).

2.  The applicant states that his DD Form 214 for the period ending 13 September 1991 was in error because neither KLM was not authorized to wear until after he was discharged.  He states he was never provided orders for the Army Achievement Medal (Second Oak Leaf Cluster).  He was not aware of the award until he accessed his Official Military Personnel File (OMPF) Reserve records.   

3.  The applicant provides three permanent orders for award of the Army Achievement Medal; his deployment orders in support of Operation Desert Shield/Operation Desert Storm; his DD Form 214; and a supplemental letter.

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 Regular Army on 17 June 1983.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty 12B (combat engineer).  His highest grade attained was staff sergeant.

3.  Headquarters, 2nd Armored Division, Fort Hood, Texas, Permanent Order 127-4, dated 10 July 1985, shows the applicant was awarded the Army Achievement Medal for meritorious achievement for the period 8 April 1985 through 2 May 1985.

4.  Headquarters, 2nd Armored Division, Fort Hood, Texas, Permanent Orders 10-7, dated 16 January 1987, show the applicant was awarded the Army Achievement Medal for meritorious achievement for the period 1 October 1986 through 25 October 1986.

5.  Headquarters, 2nd Armored Division, Fort Hood, Texas, Permanent Orders 79-72, dated 11 May 1988, show the applicant was awarded the Army Achievement Medal for meritorious service from 5 November 1983 through 12 March 1988.

6.  Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Saudi Arabia from 8 February 1991 through 14 April 1991.

7.  The applicant was discharged on 13 September 1991.  His DD Form 214 shows, in part, he was awarded the Army Achievement Medal (First Oak Leaf Cluster) and the Southwest Asia Service Medal with one bronze service star.  

8.  The 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.

9.  The 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.


10.  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), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 currently reflects the Army Achievement Medal (First Oak Leaf Cluster).  However, Permanent Orders show he was awarded three awards of the Army Achievement Medal, two for meritorious achievement and one for meritorious service.  Therefore, his DD Form 214 should be amended to reflect the Army Achievement Medal (Second Oak Leaf Cluster).

2.  The evidence of record shows the applicant served in Southwest Asia from 8 February 1991 to 14 April 1991 in support of Operation Desert Shield/Desert Storm.  Although the KLM-SA and the KLM-KU were approved subsequent to the applicant's discharge from active duty, it would be appropriate to add the 
KLM-SA and the KLM-KU to his DD Form 214.

3.  The applicant's DD Form 214 currently reflects award of the Southwest Asia Service Medal with one bronze service star.  However, he received credit for participation in two campaigns during Operation Desert Shield/Operation Desert Storm.  Therefore, it would be appropriate to amend his DD Form 214 to reflect two bronze service stars for wear on his Southwest Asia Service Medal.

BOARD VOTE:

___x_____  ____x____  ___x_____  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:
		a.  deleting the Army Achievement Medal (First Oak Leaf Cluster) from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and

		b.  adding the Army Achievement Medal (Second Oak Leaf Cluster), 
the KLM-SA, the KLM-KU, and two bronze service stars for wear on his 
already-awarded Southwest Asia Service Medal to item 13 on his DD Form 214.  




      _______xxx _   _______   ___
               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)                                         AR20080012742





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012742



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1