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ARMY | BCMR | CY2009 | 20090007183
Original file (20090007183.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090007183 


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, that he be awarded the Iraq Campaign Medal, the Army Service Ribbon, and the Kuwait Liberation Medal.  He also requests, in effect, that his military records be corrected to show the award of the Army Commendation Medal with First Oak Leaf Cluster.

2.  The applicant essentially states that he is authorized the Iraq Campaign Medal and the Army Service Ribbon, but they were not authorized until after his discharge.  He also claims that he was awarded the Kuwait Liberation Medal upon arrival in Germany.  He further contends that he was awarded his first Army Commendation Medal as an end-of-tour award and that he was awarded a second Army Commendation Medal by the command sergeant major of his regiment.

3.  The applicant provides no additional evidence in support of this 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's military records show that he enlisted in the Regular Army on 1 October 1991.  He completed initial entry training and was awarded military occupational specialty 19K (M1 Armor Crewman).  He served a tour in Germany from 28 January 1992 to 23 December 1994, then was assigned to Fort Knox, Kentucky.  On 19 August 1996, he was honorably discharged with disability severance pay.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the Army Achievement Medal with Second Oak Leaf Cluster, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.

3.  There are no orders in the applicant’s military records which awarded him any Army Commendation Medals.  

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all land area of the country of Iraq and the contiguous water area out to 12 nautical miles and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  

5.  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.

6.  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.

7.  Army Regulation 600-8-22 also 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.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Iraq Campaign Medal, the Army Service Ribbon, and the Kuwait Liberation Medal, and that his military records should be corrected to show the award of the Army Commendation Medal with First Oak Leaf Cluster.

2.  As the applicant did not serve on active duty during the period of eligibility for the Iraq Campaign Medal, there is no basis for awarding him this medal.

3.  While the applicant requested that he be awarded the Army Service Ribbon, his military records, including his DD Form 214, already reflect that he was awarded the Army Service Ribbon.  As a result, there is no basis for granting relief for this portion of the applicant's request.

4.  Although the applicant did not specify whether he was requesting that he be awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia or the Kuwait Liberation Medal awarded by the Government of Kuwait, as he did not participate in the Persian Gulf War between 2 August 1990 and 31 August 1993, there is no basis for awarding him either Kuwait Liberation Medal.

5.  While the sincerity of the applicant's claim that he was awarded two Army Commendation Medals is not questioned, there are no orders in his military records awarding him any Army Commendation Medals and the applicant failed to provide orders awarding him any Army Commendation Medals.  As a result, there is no basis for correcting his military records to show the award of any Army Commendation Medals.

6.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20090007183



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20090007183



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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