IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090020030 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded the Army Commendation Medal (ARCOM) (4th Award), Army Achievement Medal (AAM) (6th Award), "Kuwait Liberation Award, Saudi Arabia Award" (accepted as a request for the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) and Kuwait Liberation Medal - Government of Kuwait (KLM-KU), Southwest Asia Service Medal (SWASM) with three bronze service stars, and a unit citation from Southwest Asia.

2.  The applicant states the foreign awards and service medal were authorized after his discharge.  As for his individual awards, he has the award certificates for all of them.

3.  The applicant provides his DD Form 214, his award certificates for his ARCOM's and AAM's, and a certificate of achievement.

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 Board requested the applicant's Regular Army military records from the repository in St. Louis, MO, without success.  However, there are sufficient records to make a fair and equitable determination in this case.

3.  The applicant enlisted in the Regular Army on 10 November 1981, was awarded the military occupational specialty of construction engineer supervisor/master fitness trainer, and was honorably discharged in pay grade E-6 on 14 May 1992 with special separation benefits.

4.  The DD Form 214 issued to the applicant shows he was awarded the ARCOM and the AAM with 4th Oak Leaf Cluster (since an Oak Leaf Cluster designates an additional award, this would be the 5th Award).  There are no orders in the applicant's records to show that he was awarded additional AAMs or ARCOMs.  His DD Form 214 does not show any Persian Gulf War awards.

5.  Only two of the certificates provided by the applicant contain order numbers:  The ARCOM issued on 1 May 1991 and the ARCOM issued on 28 April 1992.

6.  The Defense Manpower Data Center (DMDC) compiled an Operations Desert Shield/Desert Storm Data Base that contains one record for each active duty member who served in theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  There are separate files covering calendar years 1994 and 1995.

7.  The DMDC Operations Desert Shield/Desert Storm Data Base shows the applicant as having participated in theater during Operations Desert Shield/
Desert Storm from 28 December 1990 to 3 May 1991.

8.  Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 

2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
* 
9.  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.

10.  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.

11.  Army Regulation 600-8-22 states that with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The DMDC Operations Desert Shield/Desert Storm Data Base verifies the applicant participated in theater during the time which authorized the KLM-SA and KLM-KU and during three campaigns.  As such, he is entitled to have his DD Form 214 corrected to add the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU.

2.  Since there is no record of what unit the applicant was assigned to when he deployed to Saudi Arabia, there is insufficient evidence with which to determine whether he is entitled to a unit citation.

3.  As for the applicant's request for correction of his DD Form 214 to show additional ARCOM's and AAM's, there are no orders available to verify his entitlement to these awards.  However, two of the award certificates provided by the applicant show order numbers.  These two certificates are accepted as 

evidence that the applicant was awarded the ARCOM with Oak Leaf Cluster.  Since orders are required for all awards, award certificates that do not contain order numbers are insufficient evidence with which to add the additional AAMs and ARCOMs requested by the applicant.

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 the DD Form 214 of the individual concerned be corrected by:

* Deleting his ARCOM
* Adding the ARCOM with Oak Leaf Cluster, the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU.

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 a unit citation and additional ARCOMs and AAMs.



      _____________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)                                         AR20090020030



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ABCMR Record of Proceedings (cont)                                         AR20090020030



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