IN THE CASE OF:	

		BOARD DATE:	  26 January 2010


		DOCKET NUMBER:  AR20090012745 


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 that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge From Active Duty) be issued to show his dates of service in Saudi Arabia, the Kuwait Liberation Medal - Saudi Arabia, the Kuwait Liberation Medal - Government of Kuwait, and his Army Commendation Medal.  

2.  The applicant states the dates of his in-country service in Saudi Arabia and the awards are missing from his DD Form 214 (Certificate of Release or Discharge From Active Duty) with a separation date of 6 December 1991.

3.  The applicant provides 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.  The applicant's military personnel records show he enlisted in the Regular Army on 9 February 1988 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 13B (Cannon Crewmember).

3.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that 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 Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and 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.

4.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 7 April 1991.

5.  On 6 December 1991, the applicant was released from active duty under the fiscal year 1992 Early Transition Program.  He had completed 3 years, 9 months, and 28 days of active service that was characterized as honorable.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded or authorized the Army Commendation Medal, the Kuwait Liberation Medal - Saudi Arabia, or the Kuwait Liberation Medal - Government of Kuwait.  Item 18 (Remarks) does not contain an entry showing his service in Saudi Arabia.

7.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Commendation Medal.

8.  There are no orders in the applicants military personnel records jacket (MPRJ) for the award of the Army Commendation Medal.  

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  Army Regulation 600-8-22 provides that the Kuwait Liberation Medal - Saudi Arabia awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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.

11.  Army Regulation 600-8-22 provides that the Kuwait Liberation Medal - Government of Kuwait awarded by the Government of Kuwait was approved on 
9 November 1995 and was 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.

12.  Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his dates of service in Saudi Arabia, the Kuwait Liberation Medal - Saudi Arabia, the Kuwait Liberation Medal - Government of Kuwait, and his Army Commendation Medal should be added to his DD Form 214.

2.  There are no orders for the award of the Army Commendation Medal in the applicant's MPRJ.  His DA Form 2-1 does not show he was awarded the Army Commendation Medal.  Therefore, there is insufficient evidence to add this award to his DD Form 214.

3.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 7 April 1991.  Therefore, he is authorized the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Government of Kuwait.

4.  Based on the applicant’s service in Saudi Arabia in support of Operations Desert Shield and Desert Storm, it is appropriate to include an entry in item 18 of his DD Form 214 to show his service by adding the entry "Saudi Arabia:  1990/10/01 - 1991/04/07."

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 making the following amendments to his DD Form 214 with a separation date of 6 December 1991:

	a.  amend item 13 to show he is authorized the Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Government of Kuwait; and

	b.  amend item 18 to include the entry "Saudi Arabia: 1990/10/01 - 1991/04/07."

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 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)                                         AR20090012745



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ABCMR Record of Proceedings (cont)                                         AR20090012745



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