BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090002685 


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 a second award of the Meritorious Service Medal, the Southwest Asia Service Medal, an additional award of the Army Achievement Medal, and the Kuwait Liberation Medal be added to Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he has earned these awards but they are not shown on his DD Form 214.

3.  The applicant provides 14 pages of excerpts from his official military personnel file (OMPF) in support of his 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 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.  Copies of all the documents submitted by the applicant are also contained in his OMPF on iPERMS (integrated Personnel Electronic Records Management System).

3.  The applicant was commissioned a second lieutenant in the U.S. Army Reserve (USAR) on 14 May 1982.  He was ordered to active duty effective the date of his acceptance for a period of 4 years.  He entered active duty on 6 June 1982.  

4.  A DA Form 638 (Recommendation for Award [For Other Than Valor] of Army Achievement Medal [AAM], Army Commendation Medal [ARCOM] and Meritorious Service Medal [MSM]) documents the approval of awarding the applicant  the Meritorious Service Medal, Permanent Orders Number 209-6, dated 5 November 1991, for exceptionally meritorious service from 28 January 1988 to 12 August 1991.  The dates of the award on the DA Form 638 coincide with the dates indicated on the certificate for the award of the Meritorious Service Medal.

5.  A DA Form 638, front page only, undated, shows the applicant was recommended for the Army Achievement Medal with Second Oak Leaf Cluster for the period from 11 September 1992 to 13 September 1992.  However, the reverse side of the form, that shows approval/disapproval, was not available for review.  The dates of the award on the DA Form 638 coincide with the dates indicated on the certificate for the award of the Army Achievement Medal.  However, the certificate does not show any Oak Leaf Clusters.

6.  There are no additional orders or certificates in the applicant's OMPF for award of the Army Achievement Medal.  Section VIII - Awards and Decorations of the applicant's Officer Record Brief (ORB) shows the applicant is entitled to the Army Achievement Medal with Second Oak Leaf Cluster.  The ORB submitted by the applicant contains a "pen and ink" change to the number of Oak Leaf Clusters from 2 to 3 for the Army Achievement Medal.  However, there are no orders to support this change.

7.  On 1 August 1993, the applicant was released from active duty by reason of an early release program - voluntary separation incentive (VSI).  Item 13 of the applicant's DD Form 214 shows, among other awards, that he was awarded the Meritorious Service Medal and the Army Achievement Medal with Second Oak Leaf Cluster.  Item 13 does not show any service awards he may be authorized for his service in Southwest Asia.
8.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia from 25 October 1990 to 2 March 1991.

9.  Headquarters, First U.S. Army and Fort George G. Meade, Fort George G. Meade, MD, Permanent Order Number 63-1, dated 9 August 1993, awarded the applicant the Meritorious Service Medal with First Oak Leaf Cluster for outstanding meritorious service from 1 August 1984 to 31 July 1993.

10.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal 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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991).  The regulation also provides that members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S. Central Command or directly supporting military operations in the combat theater.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal - Saudi Arabia (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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal - Government of Kuwait (K) 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 orders for two different periods of service for the award of the Meritorious Service Medal clearly show the applicant has been awarded the Meritorious Service Medal twice.  Therefore, it is appropriate amend his DD Form 214 to show he was awarded the Meritorious Service Medal with First Oak Leaf Cluster.

2.  The front page of the undated DA Form 638 shows the applicant was recommended for the Army Achievement Medal with Second Oak Leaf Cluster.  This evidence corroborates the entry on the ORB showing his Army Achievement Medal with Second Oak Leaf Cluster.  The dates of the award are the same on the DA Form 638 and the entry in the applicant's ORB.  There are no orders or other evidence in the applicant's ORB that show he was awarded more than three Army Achievement Medals.

3.  The applicant served in Southwest Asia in support of Operations Desert Shield and Desert Storm from 25 October 1990 to 2 March 1991 and participated in two campaigns.  Therefore, he is authorized the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Government of Kuwait.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  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 amending item 13 of his DD Form 214 to show that he was awarded or is authorized the Meritorious Service Medal with First Oak Leaf Cluster, the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Government of Kuwait.  

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 the Army Achievement Medal.  



      _______ _   _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)                                         AR20090002685





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