IN THE CASE OF:	

		BOARD DATE:	 15 December 2009 

		DOCKET NUMBER:  AR20090011992 


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 the Kuwait Liberation Medal-Kuwait, Kuwait Liberation Medal-Saudi Arabia, and four awards of the Army Commendation Medal.

2.  The applicant states that his DD Form 214 is missing the requested awards.

3.  The applicant provides a copy of his DD Form 214, for the period ending
17 July 2009; a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), for the period ending 15 August 1995; a copy Headquarters and Headquarters Support Command, 501st Military Intelligence Battalion, memorandum for record, subject:  Verification of Deployment, dated
20 June 1991; a copy of an Army Commendation Medal certificate and corresponding DA Form 638 (Recommendation for Award), dated 18 November 2008; copies of Army Commendation Medal certificates, dated 4 September 1990, 1 April 1991, and 24 August 2000; and a copy of his DA Form 2-1 (Personnel Qualification Record), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he initially enlisted in the Regular Army (RA) on 16 August 1986 and he held military occupational specialty (MOS) 96D (Imagery Analyst).  He executed a reenlistment in the RA, served in various staff and/or leadership positions, and he attained the rank of staff sergeant (SSG).

2.  The applicant’s records also show he served in Southwest Asia in support of Operation Desert Storm from 28 December 1990 to 1 May 1991.

3.  He was honorably discharged in the rank of SSG on 28 August 1991.  The DD Form 214 he was issued shows he completed 5 years and 13 days of creditable active service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 28 August 1991, shows he was awarded the Army Service Ribbon, National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars, Army Good Conduct Medal, Overseas Service Ribbon, and the Southwest Asia Service Medal with two bronze service stars.

5.  On 4 February 1994, the applicant enlisted in the New York Army National Guard (NYARNG).  He was assigned to 2nd Battalion, 108th Infantry, Malone, NY.

6.  On 15 July 1994, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added the Army Commendation Medal (1st Oak Leaf Cluster) and the Army Achievement Medal to his DD Form 214.

7.  On 1 June 1995, the applicant entered active duty for training and subsequently completed officer candidate school.  He was honorably discharged on 15 August 1995 to accept an appointment as a commissioned officer.

8.  Item 13 of his DD Form 214, dated 15 August 1995, do not show any awards of the Army Commendation Medal, the Kuwait Liberation Medal-Kuwait, or the Kuwait Liberation Medal-Saudi Arabia.

9.  On 16 August 1996, the applicant was appointed as an infantry second lieutenant in the NYARNG and he executed an oath of office on the same date. He subsequently served in various staff and/or leadership positions and he was promoted to first lieutenant on 15 August 1997 and to captain on 7 November 2001.

10.  On 20 January 2008, the applicant was ordered to active duty in support of Operation Enduring Freedom and he subsequently completed 7 months and
1 day of foreign service in Afghanistan.  He was honorably released from active duty to the control of his ARNG unit on 17 July 2009.

11.  Item 13 of his DD Form 214, dated 17 July 2009, shows he was awarded the Afghanistan Campaign Medal with one bronze service star, Meritorious Service 
Medal, Army Commendation Medal (3rd Award), Army Achievement Medal (2nd Award), Army Good Conduct Medal, National Defense Service Medal with bronze star, Southwest Asia Service Medal with two bronze service stars, Global War on Terrorism Service Medal, Noncommissioned Officer professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with "M" Device, NATO Medal, and the Combat Infantryman Badge.

12.  The applicant’s records contain the following documents:

	a.  A certificate, dated 4 September 1990, that shows he was awarded the Army Commendation Medal for meritorious service to the 1st Infantry Training Brigade and the U.S. Army Training Center, Fort Benning, GA, from 26 January 1987 to 1 October 1990.  The permanent order number is not listed on this certificate and his service record is void of a separate permanent order that awarded him this award.

	b.  Headquarters, 1st Armored Division, Orders 9-149, dated 1 April 1991,  show he was awarded the Army Commendation Medal for meritorious achievement in combat operations while serving in Southwest Asia from 17 January 1991 to 2 March 1991 

	c.  Headquarters, 27th Infantry Brigade, NYARBNG, Permanent Orders 30-7, dated 24 August 2000, show he was awarded the Army Commendation Medal for meritorious service from 12 August 2000 to 26 August 2000.

	d.  Headquarters, Afghan Region Security Integration-East, Permanent Orders 323-007, dated 18 November 2008, show he was awarded the Army Commendation Medal for meritorious achievement from 1 September 2008 to 22 November 2008.

13.  Army Regulation 600-8-22 (Military Award) provides for the following awards: 

	a.  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.

	b.  The Kuwait Liberation Medal-Saudi Arabia 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.

	c.  The Kuwait Liberation Medal-Kuwait 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.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show four awards of the Army Commendation Medal, Kuwait Liberation Medal-Kuwait, and the Kuwait Liberation Medal-Saudi Arabia.

2.  The evidence of record shows the applicant was awarded four awards of the Army Commendation Medal.  Although his record is void of the permanent orders that awarded him his first award, his record contains sufficient evidence, in the form of a certificate and a previously issued DD Form 215, to substantiate his entitlement to this award.  Therefore, he is entitled to correction of his DD Form 214 to show four awards of the Army Commendation Medal.

3.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 28 December 1990 to 1 May 1991; therefore, he served a qualifying period for award of the Kuwait Liberation Medal-Kuwait and the Kuwait Liberation Medal-Saudi Arabia, and he is entitled to correction of his DD Form 214 to show these awards.

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 

	a.  deleting from item 13 of his DD Form 214 for the period ending 17 July 2009 the Army Commendation Medal (3rd Award); and

	b.  adding to item 13 of his DD Form 214 for the period ending 17 July 2009 the Army Commendation Medal (4th Award); Kuwait Liberation Medal-Kuwait, and the Kuwait Liberation Medal-Saudi Arabia.



      __________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)                                         AR20090011992



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ABCMR Record of Proceedings (cont)                                         AR20090011992


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