BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090002962 


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 the Southwest Asia Service Medal (SWASM), the Army Commendation Medal, and three awards of the Army Achievement Medal.  

2.  The applicant states that these medals are not present on his DD Form 214.  He contends that he has orders and certificates for all the medals except for the SWASM; however, he points out that he was awarded the Army Achievement Medal for his service in Kuwait.  He also states that he remembers his Battalion Executive Officer pinned the SWASM on his uniform prior to getting on the plane to come home but he never received an award certificate or orders.  

3.  The applicant provides orders and award certificates for two awards of the Army Achievement Medal; orders and an award certificate for the Army Commendation Medal; orders and an award certificate for the Good Conduct Medal; and a copy of his DD Form 214 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.  The applicant enlisted in the Regular Army on 20 March 1993.  He trained as a personnel administrative specialist and served in Korea from 4 September 1993 through 3 September 1994.  On 20 January 1997, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Army Lapel Button, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  The Defense Manpower Data Center (DMDC) compiled the Operation Desert Shield/Desert Storm Data Base.  The primary Operation Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 and one record for each Reserve and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm.  For Reserve and National Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

5.  The Operation Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 November 1995 to 31 December 1995.

6.  Headquarters, 2nd Battalion, 77th Armor Battalion Permanent Orders Number 95-117, dated 24 May 1995, show the applicant received the Army Achievement Medal with First Oak Leaf Cluster for the period 1 April 1995 to 27 April 1995.  These orders also show that his previous awards included one award of the Army Achievement Medal. 

7.  Headquarters, U.S. Army Central Command, Kuwait, Permanent Orders Number 341-08, dated 12 December 1995, show the applicant received the Army Achievement Medal for the period 25 October 1995 to 12 December 1995.  These orders also show that his previous awards included the Army Achievement Medal with First Oak Leaf Cluster. 
8.  Headquarters, 4th Infantry Division (Mechanized) Permanent Orders Number 163-1618, dated 11 June 1996, show the applicant received the first award of the Good Conduct Medal for the period 20 April 1993 to 19 April 1996.

9.  Headquarters, 3rd Brigade Permanent Orders Number 352-04, dated 
16 December 1996, show the applicant received the Army Commendation Medal for the period 20 April 1993 to 30 January 1997. 

10.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM 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), the Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Southwest Asia, he is eligible for award of the SWASM.  Therefore, his DD Form 214 should be corrected to show this medal.  

2.  Orders show the applicant received the Army Commendation Medal and the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show these medals. 

3.  Evidence of record shows the applicant received three awards of the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show these medals. 

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 adding the SWASM, the Army Commendation Medal, three awards of the Army Achievement Medal, and the Good Conduct Medal on his 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)                                         AR20090002962





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ABCMR Record of Proceedings (cont)                                         AR20090002962



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