BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20090015819
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 the awards he earned during Operation Desert Storm.
2. The applicant states he is a combat veteran and the awards are not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 April 1991.
3. The applicant provides a copy of a letter from the Governor of Iowa and his DD Form 214.
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 applicants 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 applicants 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 U.S. Army Reserve on 30 December 1988. He completed advanced individual training and was awarded the military occupational specialty of 76J (Medical Supply Specialist).
3. On 11 August 1990, after being released from active duty for training, he was assigned to the 605th Medical Detachment in Des Moines, IA.
4. On 17 November 1990, the applicant was ordered to active duty in support of Operation Desert Shield/Storm.
5. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 2 December 1990 to 30 March 1991.
6. On 18 April 1991, the applicant was released from active duty. He had completed 5 months and 2 days of active service that was characterized as honorable.
7. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, Army Service Ribbon, and the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.
8. An entry in item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia from 2 December 1990 to 31 March 1991.
9. Headquarters, United States Army Forces Central Command, Fort McPherson, GA, Permanent Orders 5-2, dated 9 January 1992, announced the award of the Meritorious Unit Commendation (Army), during the period
18 October 1990 - 28 April 1991, to seven units, including the 605th Medical Detachment.
10. Army Regulation 600-8-22 (Military Awards) states service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. For the applicant's period of service a bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991).
11. Army Regulation 600-8-22 states the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) 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.
12. Army Regulation 600-8-22 states the Kuwait Liberation Medal - Government of Kuwait (KLM-KU) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his awards from Operation Desert Storm are not entered on his DD Form 214.
2. The applicant was assigned to the 605th Medical Detachment in Saudi Arabia during the period they were awarded the Meritorious Unit Commendation (Army). Therefore, he is authorized this award.
3. The applicant served during two campaigns during Operation Desert Storm. Therefore, he is authorized the Southwest Asia Service Medal with two bronze service stars.
4. In addition, based on his service in Southwest Asia, he is authorized the (KLM-SA) and the (KLM-KU).
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 DD Form 214 the following awards:
* Meritorious Unit Commendation (Army)
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
__________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) AR20090015819
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ABCMR Record of Proceedings (cont) AR20090015819
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