IN THE CASE OF:	

		BOARD DATE:	      9 April 2009

		DOCKET NUMBER:  AR20080018362 


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 his award of the Meritorious Service Medal and his 3rd award of the Army Commendation Medal.

2.  The applicant states, in effect, that his DD Form 214 does not show these awards. 

3.  The applicant provides, in support of his application, copies of award orders for his Meritorious Service Medal and 3rd Army Commendation Medal.

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 served on active duty in the United States Air Force from 
31 August 1971 to 30 September 1975.  He had attained the pay grade of E-4 and had completed 4 years and 18 days of creditable active duty. 

3.  On 27 February 1976, the applicant enlisted in the Regular Army.  He served through a series of reenlistments and assignments both in the United States and overseas. 

4.  Permanent Orders Number 130-40, Headquarters, 59th Ordnance Brigade, dated 18 December 1986, awarded the applicant the Army Commendation Medal for meritorious service from 10 January 1984 through 1 January 1987.

5.  Permanent Orders Number 149-075, Headquarters, 101st Airborne Division, Fort Campbell, Kentucky, dated 8 August 1989, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from
15 April 1987 through 31 July 1989.

6.  Permanent Orders Number 91-158, Headquarters, 3rd Engineer Brigade, dated 22 November 1991, awarded the applicant the Army Commendation Medal (2nd Oak Leaf Cluster) for achievement from 10 November 1990 through 26 April 1991.

7.  On 31 July 1992, the applicant was retired for length of service.  He had attained the rank of sergeant first class, pay grade E-7, and had completed 
20 years, 5 months, and 22 days of creditable active duty service.

8.  Permanent Orders Number 34-8, 3rd Infantry Division, dated 9 March 1993, awarded the applicant the Meritorious Service Medal for exceptionally meritorious service from 1 August 1982 through 1 August 1992.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awards or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal with one bronze service star, Army Service Ribbon, Overseas Service Ribbon with Numeral 3, Army Achievement Medal
(1st Oak Leaf Cluster), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Commendation Medal (1st Oak Leaf Cluster), Air Force Good Conduct Medal (First Award), Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal, and the Expert [Marksmanship] Qualification Badge with Rifle Bar.  It does not show award of the Meritorious Service Medal or the third award of the Army Commendation Medal.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record, Part II) shows that he served three tours of duty in the Federal Republic of Germany and was on temporary duty in Saudi Arabia from 
7 December 1990 through 28 April 1991.

12.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 shows five awards of the Army Good Conduct 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-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 show award of his Meritorious Service Medal or his 3rd award of the Army Commendation Medal.

2.  Permanent orders clearly show that the applicant was awarded the Meritorious Service Medal and three awards of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Records show that the applicant was awarded five Army Good Conduct Medals.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  Records show that the applicant served during a qualifying period for award of the Kuwait Liberation Medal (KLM-SA) and the Kuwait Liberation Medal (KLM-KU).  Therefore, his DD Form 214 should be corrected to show these 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 item 13 of the applicant's DD Form 214 the Army 
Commendation Medal (1st Oak Leaf Cluster) and the Kuwait Liberation Medal; and

	b.  adding to item 13 of the applicant's DD Form 214 the Meritorious Service Medal, Army Commendation Medal (2nd Oak Leaf Cluster), Army Good Conduct Medal (5th Award), Kuwait Liberation Medal (KLM-SA), and the Kuwait Liberation Medal (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)                                         AR20080018362



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ABCMR Record of Proceedings (cont)                                         AR20080018362



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