IN THE CASE OF:	  

		BOARD DATE:	  31 March 2009

		DOCKET NUMBER:  AR20080017687 


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, award of the Humanitarian Service Medal (HSM), the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), and the Cold War Recognition Certificate, and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states, in effect, that he should have been awarded the HSM for Operation Restore Democracy, the KLM-KU for Desert Storm, and the Cold War Recognition Certificate, and these awards are not on his DD Form 214.  He also states, in effect, that he was unaware of these awards at the time of his separation from the Army.  He later found out about them when searching in the Internet.

3.  In support of his application, the applicant provides a copy of his DD Form 214.

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 has requested award of the Cold War Recognition Certificate.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, Army Human Resources Command (AHRC), Cold War Recognition, Hoffman II, ATTN: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, Virginia  22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in these Proceedings.

3.  The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 7 April 1981.  On 14 April 1981 he was discharged from the DEP and enlisted in the Regular Army, in pay grade E-1, on 15 April 1981.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II), Item 5 (Oversea Service), shows he served in Germany from 24 July 1981 to 1 October 1984 and from 17 March 1989 to 30 December 1990; in Saudi Arabia from 31 December 1990 to 19 May 1991; in Germany from 20 May 1991 to 27 March 1992; and in Haiti from 19 September 1994 to 14 January 1995.

5.  The applicant served continuously through several reenlistments until he was honorably discharged from active duty, in pay grade E-6, on 30 June 1995.  He was subsequently transferred to USAR Control Group (Reinforcement).  

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show the HSM or the KLM-KU.  However, item 18 (Remarks) of the applicant's DD Form 214 shows service in Southwest Asia from 31 December 1990 to 19 May 1991 and in Haiti from 19 September 1994 to 

14 January 1995.  Item 18 also shows award of the Kuwait Liberation Medal.  This medal was awarded by the Kingdom of Saudi Arabia, also known as the KLM-SA.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the HSM is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

8.  Table C-1 of Army Regulation 600-8-22 shows that Joint Task Force 180, 190, and Multinational Force Operation UpHold/Restore Democracy (10 September 1994 to 31 March 1995 in Haiti) was approved by the Department of Defense as qualifying for award of the HSM.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the KLM-KU 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not reflect award of the HSM and the KLM-KU awarded by the Government of Kuwait.   

2.  The evidence of record shows the applicant served in Haiti from 19 September 1994 to 14 January 1995 and in Saudi Arabia from 31 December 1990 to 19 May 1991.  Based on his participation during UpHold/Restore Democracy and service in Saudi Arabia he is entitled to award of the HSM and the KLM-KU awarded by the Government of Kuwait.  Therefore, the applicant is entitled to a correction of his DD Form 214 to reflect these awards.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.



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.  adding to item 13 of his DD Form 214 the Humanitarian Service Medal and 
the Kuwait Liberation Medal awarded by the Government of Kuwait; and
   
b.  providing the applicant a separation document that includes these awards.



      __________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)                                         AR20080017687



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ABCMR Record of Proceedings (cont)                                         AR20080017687


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