IN THE CASE OF:	  

		BOARD DATE:	       6 AUGUST 2009

		DOCKET NUMBER:  AR20090003428 


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, correction to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 May 1991, to show award of the Army Commendation Medal with First Oak Leaf Cluster and the Kuwait Liberation Medal-Government of Kuwait.

2.  The applicant states that these awards are not listed on this DD Form 214 nor on the DD Form 215 (Correction to DD Form 214) issued to him on 17 March 1992.

3.  In support of his application, the applicant provides copies of his Army Commendation Medal with First Oak Leaf Cluster orders, his DD Form 214 for the period ending 30 May 1991, and his DD Form 215 dated 17 March 1992.

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's military record shows he was appointed in the U.S. Army Reserve Army Nurse Corps as a second lieutenant on 23 January 1985 with prior enlisted service in the U.S. Navy and Illinois Army National Guard.  He served on active duty in an Active Guard Reserve status from 24 March 1980 to 23 March 1982.

3.  The applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm and entered active duty on 8 October 1990.

4.  The applicant submits a copy of Permanent Orders 10-30, dated 4 May 1991, which awarded the Army Commendation Medal with First Oak Leaf Cluster to him for meritorious service for the period from 1 February 1991 to 22 March 1991.  This award is not shown on his DD Form 214.

5.  The applicant was honorably released from active duty on 30 May 1991 and transferred to a U.S. Army Reserve troop program unit.

6.  Item 13 of the applicant’s DD Form 214 does not list the Army Commendation Medal with First Oak Left Cluster and the Kuwait Liberation Medal-Government of Kuwait.  Item 18 (Remarks) shows he served in Southwest Asia from 13 January 1991 to 30 April 1991.

7.  The applicant was issued a DD Form 215, dated 17 March 1992, adding to his list of awards the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal (known as the Kuwait Liberation Medal-Saudi Arabia).

8.  The applicant's DD Form 215, dated 17 March 1992, was voided and he was issued a DD Form 215, dated 14 July 1992, adding to his list of awards the Armed Forces Reserve Medal.  The DD Form 215, dated 14 July 1992, omitted the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal-Saudi Arabia.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Kuwait Liberation Medal 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.

10.  Army Regulation 600-8-22 also provides that the Kuwait Liberation Medal 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.

11.  Army Regulation 600-8-22 further 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 campaign from 2 August 1990 to 16 January 1991, the Liberation and Defense of Kuwait campaign from 17 January to 11 April 1991, and the Southwest Asia Cease-Fire campaign from 12 April 1991 to 30 November 1995.

12.  Army Regulation 600-8-22 provides that the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years; such years of service must have been performed within a period of 12 consecutive years.  For service performed on or after 1 July 1949, a member must accumulate a minimum of 50 retirement points during each anniversary year as prescribed in Army Regulation 135–180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service).  On or after 1 August 1990, members called to active duty under Title 10, U.S. Code, sections 12301(a), 12302, 12304, 12406 (or, in the case of the U.S. Coast Guard Reserve, Title 14, U.S. Code, section 712), and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense as defined in Title 10, U.S. Code, section 101(A)(13), are eligible for the award of the Armed Forces Reserve Medal with "M" Device.

13.  Army Regulation 600-8-22 provides that the "M" Device is authorized for wear on the Armed Forces Reserve Medal by members of the Reserve Components who are called or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designed by the Secretary of Defense as defined in Title 10, U.S. Code, section 101(A)(13)(1).  When a member qualifies for the "M" Device, the bronze "M" will be awarded, positioned on the ribbon and medal, and a number will be included on the ribbon and medal. 
No more than one Armed Forces Reserve Medal may be awarded to any one person.  Multiple periods of service during one designated contingency will count as one "M" Device award followed by Arabic numerals indicating the number of times the device has been awarded, starting with the second award; no number is worn for the first award.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Army Commendation Medal with First Oak Leaf Cluster for meritorious service from 1 February 1991 to 22 March 1991.  This award is not shown on his DD Form 214; therefore, it would be appropriate to add the Army Commendation Medal with First Oak Leaf Cluster to his DD Form 214 for the period ending 30 May 1991.

2.  The evidence of record further shows the applicant served in support of Operation Desert Shield/Desert Storm and was deployed to Southwest Asia from 13 January 1991 to 30 April 1991.  Based on this service and participation in the three campaign phases, he is entitled to award of the Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal-Kuwait, and the Southwest Asia Service Medal with three bronze service stars and the Armed Forces Reserve Medal with "M" Device.  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 adding to item 13 of the applicant's DD Form 214 for the period ending 30 May 1991 the Army Commendation Medal with First Oak Leaf Cluster, the Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal-Kuwait, the Southwest Asia Service Medal with three bronze service stars, and the "M" Device for wear on the Armed Forces Reserve Medal.



      __________XXX_______________
                 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)                                         AR20090003428



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ABCMR Record of Proceedings (cont)                                         AR20090003428



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