IN THE CASE OF:	

		BOARD DATE:	23 July 2009    

		DOCKET NUMBER:  AR20090003984 


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 Kuwait Liberation Medal, the Humanitarian Service Medal, the Korea Defense Service Medal (KDSM), a second award of the Army Commendation Medal, and four additional awards of the Army Achievement Medal.

2.  The applicant does not provide any explanation.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); two Leave and Earnings Statements; permanent change of station orders; two orders for the Army Commendation Medal; two letters from the Military Awards Branch, U.S. Total Army Personnel Command, Alexandria, Virginia; revocation orders; and nine orders for the Army Achievement Medal 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 7 October 1980.  He trained as a power generation equipment repairer and a ground surveillance systems operator.  On 10 January 1994, he was honorably discharged.

3.  The applicant's DD Form 214 shows the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Achievement Medal with five oak leaf clusters (6th Award), the Army Good Conduct Medal (4th Award), the Mechanics Badge, the Drivers Badge with "W" Bar, the Army Commendation Medal, the Overseas Service Ribbon (4th Award), and the Expert 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 August 1991 to 30 September 1991.

6.  The applicant's service personnel records contain a document which states he was awarded the Humanitarian Service Medal for the 1997 Western United States Floods Disaster Relief Operation during the period 4 January 1997 to 6 February 1997.

7.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 28 February 1981 to 27 February 1982 and from 19 July 1984 to 18 September 1985.

8.  Headquarters, 7th Infantry Division and Fort Ord, Permanent Orders 160-26, dated 29 August 1983, show the applicant was awarded the Army Commendation Medal for meritorious service during the period 7 April 1982 to 20 June 1983.

9.  Headquarters, 2d Infantry Division, Permanent Orders 34-18, dated 3 February 1986, show the applicant was awarded the Army Commendation Medal for meritorious service during the period 19 July 1983 to 18 September 1985.  These orders were amended to read the Army Commendation Medal with first oak leaf cluster on 15 July 1986.

10.  Orders show the applicant was awarded the Army Achievement Medal for meritorious achievement for the periods 15 March 1984 to 31 March 1984, 15 March 1985 to 31 March 1985, 15 April 1989 to 19 May 1989, 4 June 1990 to 8 June 1990, 15 November 1990 to 3 December 1990, 19 April 1991 to 11 June 1991, and 8 April 1992 to 9 April 1992 (a total of seven awards).

11.  Headquarters, 4th Brigade, 8th Infantry Division (Mechanized), Permanent Orders 23-8, dated 7 June 1990, show the applicant was awarded the Army Achievement Medal with second oak leaf cluster for meritorious service for the period 24 July 1988 to 17 July 1990.

12.  Headquarters and Headquarters Company, Task Force Skyhawk, 4th Aviation Brigade, 8th Infantry Division (Mechanized), Permanent Order Number 46-17, dated 18 September 1991, shows the applicant received the Army Achievement Medal with third oak leaf cluster for meritorious service for the period 1 October 1988 to 15 December 1991.

13.  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).

14.  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.

15.  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.
16.  Army Regulation 600-8-22 states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or (3) be participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30- or 60-day requirement and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.  Army Regulation 600-8-22 further states that a silver oak leaf cluster is worn instead of five bronze oak leaf clusters.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in Southwest Asia during the period 1 August 1991 to 30 September 1991, he is eligible to award of the SWASM with one bronze service star and the KLM-K.  He did not serve a period of qualifying service for the KLM-SA.  Therefore, his DD Form 214 should be corrected to show award of the SWASM with one bronze service star and the KLM-K.

2.  The document contained in the applicant's service personnel records which shows he was awarded the Humanitarian Service Medal for the 1997 Western United States Floods Disaster Relief Operation during the period 4 January 1997 to 6 February 1997 is accepted as sufficient evidence on which to amend his DD Form 214 to show this medal.

3.  The applicant served a period of qualifying service for award of the KDSM.

4.  The applicant's DD Form 214 shows the Army Commendation Medal as an authorized award.  However, orders show the applicant also received the Army Commendation Medal with first oak leaf cluster.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with first oak leaf cluster.

5.  The applicant's DD Form 214 shows six awards of the Army Achievement Medal.  However, orders show he received nine awards of the Army Achievement.  Therefore, his DD Form 214 should be corrected to show three additional awards of the Army Achievement Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 his DD Form 214 to show the SWASM with one bronze service star, the KLM-K, the Humanitarian Service Medal, the KDSM, the Army Commendation Medal with first oak leaf cluster (2d Award), and nine awards of the Army Achievement Medal.

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 amending his DD Form 214 to show ten awards of the Army Achievement Medal or the KLM-SA.



      ___________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)                                         AR20090003984



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ABCMR Record of Proceedings (cont)                                         AR20090003984



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