IN THE CASE OF:	

		BOARD DATE:	  17 February 2010

		DOCKET NUMBER:  AR20090014452 


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 records to show additional awards of the Air Medal; Southwest Asia Service Medal (SWASM); Kuwait Liberation Medal, which he refers to as the Kuwait Liberation of Kuwait Medal; and the Cold War Recognition Certificate, which he refers to as the Cold War Commemoration Medal.

2.  The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show all the awards and decorations he is entitled to.  He believes he is entitled to multiple awards of the Air Medal based on his service during Operations Desert Shield/Storm.  He did not realize all the awards were missing until he looked at his DD Form 214 when he went to get veterans’ license plates.

3.  The applicant provides a copy of his 1994 DD Form 214 and a copy of his individual flight record showing “imminent danger time 113.5 hours due to Operation Desert Shield/Storm.”

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 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 CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed further in these Proceedings.

3.  The applicant also requests additional awards of the Air Medal.  However, there are no orders or other evidence on file in his official military personnel file that confirm more than one award of the Air Medal, which is currently reflected on his DD Form 214.  In the absence of authority for any additional awards of the Air Medal, he may request these awards under the provisions of Title 10, U.S. Code, section 1130.  The applicant has been notified by separate correspondence of the procedures for applying for these awards under Title 10, U.S. Code, section 1130.  As a result, the request for additional awards of the Air Medal will also not be discussed further in these Proceedings.

4.  Records available to the Board indicate the applicant was initially inducted into military service as an enlisted Soldier in 1972 and he was released from active duty in October 1975.  He subsequently enlisted in the Regular Army (RA) in 1978, and he was discharged on 14 December 1981 for the purpose of accepting an appointment as an Army Warrant Officer.  The applicant continued to serve on active duty as an aviation Warrant Officer until 31 July 1994 when he was discharged under the Temporary Early Retirement Program.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 July 1994 does not show any awards for his service in support of Operations Desert Shield/Storm.
6.  The applicant’s December 1993 Officer Record Brief (ORB) indicates he served in Southwest Asia for 7 months, returning to his unit in Germany in June 1991.  Based on that entry, the applicant would have arrived in Southwest Asia in December 1990.  His 1994 DD Form 214 does not reflect any awards associated with his service in Southwest Asia.

7.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM.  The SWASM is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995.  Southwest Asia and contiguous waters, as used herein, are defined as the area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  Members of the U.S. Armed Forces serving in Israel, Egypt, Turkey, Syria, and Jordan (including the airspace and territorial waters) between 17 January 1991 and 11 April 1991 will also be eligible for this award.  Members serving in these countries must have been under the command and control of U.S. Central Command or directly supporting military operations in the combat theater.  To be eligible, a service member must meet one or more of the following criteria:

	a.  attached to or regularly serving for 1 or more days with an organization participating in ground or shore (military) operations;

	b.  attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations;

	c.  actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above; and

	d.  serving on temporary duty for 30 consecutive days or 60 nonconsecutive days.  These time limitations may be waived for people participating in actual combat operations.

8.  Appendix B of Army Regulation 600-8-22 lists three campaigns associated with the SWASM:  Defense of Saudi Arabia (2 August 1990 to 16 January 1991); Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991); and the Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995).  This same regulation states that a bronze service star will be awarded for wear on the Southwest Asia Service Medal for participation in each designated campaign.

9.  Army Regulation 600-8-22 provides for awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).  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.  The KLM-KU 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.

DISCUSSION AND CONCLUSIONS:

The evidence confirms the applicant served in Southwest Asia for seven months between December 1990 and June 1991.  As such he is entitled to the SWASM with three bronze service stars, KLM-SA and the KLM-KU.  He is entitled to correction of his records to show these medals.

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 
adding to item 13 of his 1994 DD Form 214 the SWASM with three bronze service stars, KLM-SA, and the KLM-KU.



      __________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)                                         AR20090014452



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ABCMR Record of Proceedings (cont)                                         AR20090014452



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