IN THE CASE OF:
BOARD DATE: 02 December 2008
DOCKET NUMBER: AR20080014230
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Kuwait Liberation Medal (KLM), the Army Good Conduct Medal (AGCM), and the Southwest Asia Service Medal (SWASM) with 3 bronze service stars.
2. The applicant states that these medals were omitted from his DD Form 214.
3. The applicant did not provide additional documentary evidence 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 18 September 1987 through 17 September 1991. He was trained in, awarded, and served in military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic). He attained the grade of specialist/E-4. He was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
3. Item 18 (Remarks) of his DD Form 214 shows that he served in SWA from
15 October 1990 through 12 April 1991. This document also shows he was awarded the National Defense Service Medal, the SWASM with 2 bronze service stars, the Army Service Ribbon, and the Overseas Service Ribbon.
4. Army Regulation 600-8-22 (Military Awards) provides that the AGCM 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.
5. Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWASM 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 November 1995).
6. The KLM-SA awarded by the Kingdom of Saudi Arabia 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.
7. The KLM-KU awarded by the Government of Kuwait 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 completed a qualifying period of service for the first award of the AGCM. There is no evidence in the available record which shows the applicant was disqualified for this award. Therefore, the applicant is entitled to award of the AGCM (First Award) for the period 18 September 1987 through
17 September 1990 and to correction of his record to show this award.
2. The applicant had a qualifying period of service for award of the KLM-SA and KLM-KU. Therefore, he is entitled to have his record corrected to show these awards.
3. The applicant was already awarded the SWASM with 2/bronze service stars which is shown on his DD Form 214. The applicant's DD Form 214 shows he departed SWA on 12 April 1991, the date the Cease-Fire Campaign commenced. (12 April 1991 to 30 November 1995). Therefore, the applicant is not entitled to a third bronze service star to be affixed to his SWASM because it is unlikely that he would have participated in this last campaign on the date of his departure from SWA.
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 AGCM for the period 18 September 1987 through
17 September 1990 and adding this award to his DD Form 214;
b. adding the KLM-SA to his DD Form 214; and
c. adding the KLM-KU to his DD Form 214.
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 awarding the SWASM with
3 bronze service stars.
_______ _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) AR20080014230
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