BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090020225
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the Meritorious Service Medal.
2. The applicant states he was awarded the Meritorious Service Medal while in the Persian Gulf, but it was not entered on his DD Form 214.
3. The applicant provides a self-authored letter and a copy of his retirement orders.
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 is a retired U.S. Army Reserve Sergeant Major. His records show he served on active duty in Southwest Asia from 31 December 1990 to 8 May 1991. He was released from active duty on 27 May 1991. He was placed on the retired list on 13 February 1996.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by a
DD Form 215 (Correction to DD Form 214), shows the following awards:
* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Army Reserve Components Achievement Medal with 3 oak leaf clusters
* Noncommissioned Officer (NCO) Professional Development Ribbon with
Numeral 4
* Army Achievement Medal
* Armed Forces Reserve Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal
4. The applicant's records contain a DA Form 638-1 (Test) (Recommendation for Award of LM [Legion of Merit] and Below) that was prepared on 21 March 1991. It shows he was awarded the Army Commendation Medal for meritorious achievement during the period 29 November 1990 to 9 April 1991. The form cites Permanent Orders Number 91-488, issued by Headquarters, 159th Logistics Support Group, dated 13 April 1991 in Section VI - Orders Data. There are no permanent orders in the applicant's records awarding him the Meritorious Service Medal during the same period.
5. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.
a. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (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.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the Meritorious Service Medal be added to his DD Form 214.
2. Notwithstanding the applicant's claim that he was awarded the Meritorious Service Medal for his service in Southwest Asia, evidence shows he was actually awarded the Army Commendation Medal for meritorious service in Southwest Asia from 28 November 1990 to 9 April 1991. Therefore, his DD Form 214 should be corrected to show this award.
3. Based on his service in Southwest Asia and in lieu of his already-awarded Kuwait Liberation Medal, he is entitled to the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait and correction of his
DD Form 214 to show these awards.
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:
a. deleting from item 13 of his DD Form 214 the Kuwait Liberation Medal and
b. adding to item 13 of his DD Form 214 the Army Commendation Medal, Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal Kuwait.
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 Meritorious Service 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) AR20090020225
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