IN THE CASE OF:	  

		BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090004524 


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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K), the Army Commendation Medal, and the “Cold War Victory Medal” (correctly known as the Cold War Recognition Certificate).

2.  The applicant states, in effect, that he served in Saudi Arabia/Iraq from February 1991 to April 1991.  He points out that his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) lists the SWASM which would also entitle him to the KLM-SA and the KLM-K, that an award certificate shows he was awarded the Army Commendation Medal, and that the entry and exit dates listed on his DD Form 214 shows his Cold War Victory Medal eligibility.  

3.  The applicant provides an NGB Form 22; an award certificate for the Army Commendation 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.  With regard to the applicant's request for the Cold War Recognition Certificate, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the 
armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U. S. Army Human Resources Command, Cold War Recognition, Hoffman II, ATTN:  AHRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA  22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in these proceedings.

3.  The applicant enlisted in the Regular Army on 6 June 1985, served as a cavalry scout, and was honorably released from active duty on 9 May 1991.

4.  The applicant's DD Form 214 does not show the SWASM, the KLM-SA, the KLM-K, or the Army Commendation Medal as authorized awards.  Item 
18 (Remarks) on his DD Form 214 shows the entry "SERVED IN SWA [Southwest Asia] 910125 TO 910415." 

5.  There are no orders for the Army Commendation Medal in the available records.  Item 9 (Awards, Decorations and Campaigns) on the applicant's DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the Army Commendation Medal.  However, the applicant provided an award certificate, dated 27 May 1987, which shows he was awarded the Army Commendation Medal for meritorious achievement during the period 20 April 1987 to 28 April 1987.   

6.  Army Regulation 600-8-22 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).

7.  The 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.

8.  The 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.

9.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in Southwest Asia during the period 
25 January 1991 to 15 April 1991, he is eligible for award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-K.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  There are no orders for the Army Commendation Medal in the available records.  In the absence of orders, the award certificate provided by the applicant is not sufficient as a basis for award of the Army Commendation Medal.  Regrettably, there is insufficient evidence on which to amend his DD Form 214 to show the Army Commendation 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 adding the SWASM with two bronze service stars, the KLM-SA, and the KLM-K to his DD Form 214.

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 award of the Army Commendation 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)                                         AR20090004524



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ABCMR Record of Proceedings (cont)                                         AR20090004524



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