IN THE CASE OF:
BOARD DATE: 9 April 2009
DOCKET NUMBER: AR20080017627
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 he was awarded the Army Commendation Medal (ARCOM) with 1st oak leaf cluster.
2. The applicant states, in effect, his DD Form 214 shows he was awarded an ARCOM, but it should reflect he was awarded two awards of the ARCOM.
3. The applicant provides, in support of his application, a DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 11 July 1991; and Permanent Orders 29-14, dated 13 February 1990, awarding him the first award of the ARCOM.
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 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 enlisted in the Regular Army on 16 September 1987 and upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman). He served in the Southwest Asia Theater of Operations from 8 August 1990 to 8 March 1991 and was released from active duty on 15 September 1991. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
3. The applicant provided Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 29-14, dated 13 February 1990, which shows he was awarded the ARCOM for meritorious achievement during the period from
20 December 1989 to 12 January 1990. Block 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows this award.
4. The DA Form 638-1 provided by the applicant shows he was awarded the ARCOM with 1st oak leaf cluster for meritorious service during the period
15 September 1987 to 15 September 1991 by 2nd Brigade, 82nd Airborne Division, Fort Bragg, Permanent Order Number 40-17, dated 29 July 1991.
5. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.
6. Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
7. 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he was awarded the ARCOM with 1st oak leaf cluster has been carefully reviewed and found to have merit.
2. Orders show the applicant was awarded his first ARCOM on 13 February 1990 and his second ARCOM on 29 July 1991. Therefore, his DD Form 214 should be corrected to show the ARCOM with 1st Oak Leaf Cluster to signify the award of two ARCOMs.
3. The applicant served a period of qualifying service for award of the KLM-SA and KLM-KU. Therefore, his DD Form 214 should be corrected to show these two awards.
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 from block 13 of the applicant's DD Form 214 the ARCOM; and
b. adding to block 13 of his DD Form 214 the ARCOM with 1st oak leaf cluster, the KLM-SA, and the KLM-KU.
___________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) AR20080017627
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ABCMR Record of Proceedings (cont) AR20080017627
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