BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090019920
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 correction of his records to show his service in Southwest Asia and award of the Army Achievement Medal certificate.
2. The applicant states, in effect, that his deployment in support of Operation Desert Storm was not added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 April 1995 nor is his Army Achievement Medal listed.
3. The applicant provides his DD Form 214 and Headquarters, 3rd Battalion, 77th Armor Regiment, 1st Armored Division Permanent Orders Number 13-311, dated 7 November 1991.
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 enlisted in the Regular Army on 20 February 1991 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 19K (M1 Armor Crewman).
3. The applicant arrived in Germany and was assigned to C Company, 3rd Battalion, 77th Armor Regiment, 1st Armored Division on 10 July 1991.
4. On 1 August 1991, the applicant was deployed to Southwest Asia in support of Operation Desert Storm. On 31 October 1991, he departed Southwest Asia.
5. Headquarters, 3rd Battalion, 77th Armor Regiment, 1st Armored Division Permanent Orders Number 13-311, dated 7 November 1991, show the applicant was awarded the Army Achievement Medal for meritorious service in support of Task Force 3-77 in Kuwait.
6. The applicant departed Germany on 26 July 1994.
7. On 14 June 1995, the applicant was honorably released from active duty after completing 4 years, 3 months, 25 days of credible active service.
8. The applicant's DD Form 214 with the period ending 14 June 1995 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the Army Overseas Ribbon, the National Defense Service Medal, the Driver and Mechanic Badge with Wheel Bar, the Army Good conduct Medal, and the Marksman Marksmanship Qualification Badge (9mm Pistol).
9. Army Regulation 600-8-22 (Military Awards) provides that 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. 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), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).
10. The Kuwait Liberation Medal awarded by the Government of Kuwait
(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.
12. Army Regulation 635-5 (Separation Documents) states, in item
18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant deployed to the Southwest Asia in support of Operation Desert Storm for the period 1 August 1991 through
31 October 1991. Therefore, his DD Form 214 should be amended to add "SERVICE IN SOUTHWEST ASIA FROM 19910801 - 19911031" in item 18.
2. Evidence of record shows that the applicant was awarded the Army Achievement Medal. His DD Form 214 should be amended to add this award.
3. The applicant met the eligibility criteria for award of the Southwest Asia Service Medal and the Kuwait Liberation Medal-Kuwait. His participation in one campaign makes him eligible for one bronze service star to be worn on his Southwest Asia Service Medal. The applicant's DD Form 214 should be amended to add 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. amending item 13 of the applicant's DD Form 214 to add the Army Achievement Medal, the Southwest Asia Service Medal with bronze service star and the Kuwait Liberation Medal-Kuwait; and
b. amending item 18 of his DD Form 214 to add "SERVICE IN SOUTHWEST ASIA FROM 19900801-19911031."
_______ _ __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) AR20090019920
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ABCMR Record of Proceedings (cont) AR20090019920
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