IN THE CASE OF:	  

		BOARD DATE:	  14 July 2009

		DOCKET NUMBER:  AR20090002889 


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 her award of the Army Commendation Medal (ARCOM) be added to her records.

2.  The applicant states that she was awarded the ARCOM on 1 April 1991; however, at the time of her separation she noticed that the award was not listed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) and she was ordered to remove it from her uniform.  She goes on to state that she has now located proof that she received the award and desires it to be added to her records.

3.  The applicant provides a copy of her ARCOM Certificate and a picture of her being awarded 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 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 is an African-American female who was 63" tall and weighed 121 pounds when she enlisted in the Regular Army in the pay grade of E-3 on 7 February 1990 for a period of 4 years, training as a food service specialist, and a cash enlistment bonus.

3.  She completed her basic training at Fort McClellan, Alabama and her advanced individual training at Fort Dix, New Jersey before being transferred to Fort Hood, Texas on 10 August 1990.  

4.  She was initially assigned to Headquarters and Headquarters Company (HHC), 1st Cavalry Division for duty as a food service specialist and deployed with her unit to Southwest Asia (SWA) in support of Operation Desert Shield/Storm on 11 October 1990.  

5.  She departed SWA on 19 April 1991 and was returned to Fort Hood, where she was reassigned to HHC, 312th Military Intelligence Battalion, 1st Cavalry Division for duty as a food service specialist.  She was advanced to the pay grade of E-4 on 1 February 1992.

6.  She remained assigned to that unit until she was honorably released from active duty (REFRAD) on 6 August 1994 due to completion of required service.  She had served 4 years and 6 months of total active service and her DD Form 214 issued at the time of her REFRAD shows that she was awarded the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal.  The award of the ARCOM is not reflected on her DD Form 214.

7.  The ARCOM Certificate provided by the applicant shows that she was awarded the ARCOM for the period October 1990 to April 1991 for meritorious service as a food service specialist in HHC, 1st Cavalry Division during Operation Desert Shield/Storm in Saudi Arabia, Iraq and Kuwait.

8.  The picture provided by the applicant depicts an African-American female being awarded the ARCOM by an officer in the rank of captain.

9.  A review of the applicant's records failed to reveal any evidence to show that she was awarded the ARCOM.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  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.

12.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

13.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD Form 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

DISCUSSION AND CONCLUSIONS:

1.  While it is the normal practice to have orders awarding an individual a decoration or award before it may be entered into the official records of an individual Soldier, there are no orders in her official records and she has not provided such orders.

2.  However, there is sufficient evidence in the available records to presume that the Certificate she has provided is authentic and that she was in fact awarded the ARCOM as she contends. 

3.  The award of the ARCOM coincides with her participation in Operation Desert Shield/Storm and the picture she provides appears to match her description.  The ARCOM was a typical award given to lower-ranking enlisted Soldiers for service during that operation.  Accordingly, it is presumed that the award was not entered in her records due to administrative oversight and that it is reasonable to do so at this time.

4.  It is also noted that the applicant was awarded the Kuwait Liberation Medal.  However, she was actually entitled to be awarded the KLM-SA and the KLM-K.  Accordingly, the entry on her DD Form 214 reflecting the award of the Kuwait Liberation Medal should be replaced with the awards of the KLM-SA and the KLM-K.

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 showing that she was awarded the ARCOM and the KLM-SA and KLM-K in lieu of the entry reflecting the award of the Kuwait Liberation Medal presently reflected on her DD Form 214. 




      _______ _   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)                                         AR20090002889





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ABCMR Record of Proceedings (cont)                                         AR20090002889



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