IN THE CASE OF:	   

		BOARD DATE:	        26 March 2009

		DOCKET NUMBER:  AR20080013499 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Combat Infantryman Badge and the Army Commendation Medal with "V" Device.

2.  The applicant states, in effect, that these awards are not recorded on his DD Form 214.

3.  The applicant provides a DD Form 214, orders for award of the Combat Infantryman Badge, and two award certificates 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 enlisted in the Regular Army on 12 August 1987 and upon completion of initial entry training he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  He served in the Southwest Asia Theater of Operations from 10 October 1990 through 12 April 1991.  He was honorably released from active duty on 29 September 1992 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  Block 13 (Decorations, Medals, Badges Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, the Southwest Asia Service Medal with three bronze service stars, and the Kuwait Liberation Medal as authorized awards.

4.  Headquarters, United States Army Forces Central Command, Permanent Orders 51-3, dated 21 March 1991, awarded the applicant the Combat Infantryman Badge for active ground combat service during the period 
24-27 February 1991.

5.  There are no orders in the applicant's service records which shows he was awarded the Army Commendation Medal with "V" Device.

6.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show the Army Commendation Medal with "V" Device as an authorized award.

7.  The applicant provided two award certificates which show he was awarded the Army Commendation Medal on 17 May 1991 and on 1 June 1991.  Neither certificate indicates these awards were issued for valor.  Additionally, these award certificates do not contain the military orders number and no official orders are contained in the applicant's Official Military Personnel File (OMPF) for these awards.

8.  Review of the applicant's records revealed an additional award which is not shown on his DD Form 214.

9.  Permanent Orders 063-05, dated 22 March 1989, issued by 1st Battalion, 15th Infantry, 3rd Infantry Division, awarded the applicant a second award of the Army Achievement Medal for the period 8 March 1989 to 23 March 1989.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be 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, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 also provides, in pertinent part, that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

12.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal.

13.  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.

14.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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 applicant's contentions that he was awarded the Combat Infantryman Badge and the Army Commendation Medal with "V" Device have been carefully reviewed and found to have partial merit.

2.  Permanent orders show the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to have his records corrected to show this award.

3.  Permanent orders show the applicant was awarded a second award of the Army Achievement Medal on 22 March 1989.  Therefore, he is entitled to have his records corrected to show he was awarded the Army Achievement Medal with 1st oak leaf cluster.

4.  The applicant's DD Form 214 shows the KLM.  However, at the time of his separation, only one KLM was authorized and the KLM on his DD Form 214 was not specifically identified as being awarded by the Kingdom of Saudi Arabia (KLM-SA).  In November 1995, the Government of Kuwait also awarded the KLM-K.  His DD Form 214 should be amended to show both awards.

5.  There are no orders for the Army Commendation Medal with "V" Device in the applicant's available records.  Additionally, although the applicant provides two award certificates for the Army Commendation Medal, there are no official orders awarding these awards.  In the absence of orders or other evidence of record showing that the applicant was awarded the Army Commendation Medal with "V" Device or any award of the Army Commendation Medal, there is no basis for amending his DD Form 214 to show the award of the Army Commendation Medal with "V" Device or any award of the Army Commendation Medal.

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.  deleting from item 13 of his DD Form 214 the Army Achievement Medal and the KLM, and 

	b.  adding to item 13 of his DD Form 214 the Army Achievement Medal with 1st oak leaf cluster, the Combat Infantryman Badge, the KLM-SA, and the 
KLM-K.

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 Commendation Medal with "V" Device or any other award of 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)                                         AR20080013499



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ABCMR Record of Proceedings (cont)                                         AR20080013499



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