IN THE CASE OF:	  

		BOARD DATE:	       4 November 2008

		DOCKET NUMBER:  AR20080013819


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 a second award of the Army Achievement Medal, the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K), a second award of the Good Conduct Medal, and the Driver Badge with W Bar.

2.  The applicant states that only one award of the Army Achievement Medal is shown on his DD Form 214 but he received two awards, that he only received the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and not the KLM-K, that only one award of the Good Conduct Medal is shown on his DD Form 214 but he received two awards, and that the Driver Badge with W Bar is not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, orders for two awards of the Army Achievement Medal, orders for two awards of the Good Conduct Medal, and orders for the Driver Badge with W Bar.

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 on 5 July 1984, served as a tactical telecommunications center operator, and was honorably discharged on 28 August 1992.

3.  The applicant’s DD Form 214 shows the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal, the Army Commendation Medal, the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 25th Signal Battalion (Corps Area), Permanent Orders 8-4, dated 1 August 1985, show the applicant received the Army Achievement Medal for meritorious achievement for the period 22 April 1985 to 19 May 1985.

5.  Headquarters, 573rd Personnel Service Company, Permanent Orders 132-26, dated 31 August 1987, show the applicant received the first award of the Good Conduct Medal for the period 5 July 1984 through 4 July 1987.

6.  Headquarters, 25th Signal Battalion (Corps Area), Permanent Orders 52-2, dated 17 December 1987, show the applicant received the Army Achievement Medal for meritorious achievement for the period 1 August 1987 to 27 August 1987.

7.  Headquarters, 189th Personnel Service Company Permanent Orders 48-2, dated 4 May 1990, show the applicant received the Driver Badge with W Bar.

8.  Headquarters, 189th Personnel Service Company, Permanent Orders 70-6, dated 12 July 1990, show the applicant received the second award of the Good Conduct Medal for the period 5 July 1987 through 4 July 1990.

9.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reserve/National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reserve/National Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

10.  The Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 13 February 1991 to 8 May 1991.

11.  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.

12.  The 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 DD Form 214 shows one award of the Army Achievement Medal; however, orders show he received two awards of the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show two awards of the Army Achievement Medal.

2.  The applicant's DD Form 214 shows the Kuwait Liberation Medal as an authorized award but does not specify whether it was awarded by the Kingdom of Saudi Arabia or by the Government of Kuwait.  Based on the applicant’s service in Southwest Asia, he is eligible for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Therefore, his DD Form 214 should be corrected to show both medals.

3.  The applicant’s DD Form 214 shows one award of the Good Conduct Medal; however, orders show he received two awards of the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show two awards of the Good Conduct Medal.

4.  Orders show the applicant received the Driver Badge with W Bar.  Therefore, his DD Form 214 should be corrected to show this badge.


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:

	a.  deleting the entries, "KUWAIT LIBERATION MEDAL," "ARMY ACHIEVEMENT MEDAL," and "GOOD CONDUCT MEDAL" in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 

	b.  adding two awards of the Army Achievement Medal, the KLM-SA, the KLM-K, two awards of the Good Conduct Medal, and the Driver Badge with W Bar to item 13 on his DD Form 214.



      __________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)                                         AR20080013819



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ABCMR Record of Proceedings (cont)                                         AR20080013819



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