BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090020370 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards:

* Army Reserve Components Achievement Medal
* National Defense Service Medal
* Noncommissioned Officer (NCO) Professional Development Ribbon
* Southwest Asia Service Medal (SWASM) with 2 bronze service stars
* Kuwait Liberation Medal (Kuwait) 
* Kuwait Liberation Medal (Saudi Arabia)
* Army Commendation Medal

2.  The applicant states the awards were omitted from her DD Form 214.

3.  The applicant provides a copy of her DA Form 2-1 (Personnel Qualification Record Part II).

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 applicant's records show she enlisted in the U.S. Army Reserve (USAR) on 25 July 1986.  She subsequently entered active duty for training (ADT) on 24 September 1986, completed basic combat and advanced individual training, and she was awarded military occupational specialty 64C (Motor Transport Operator).  She was released from ADT on 13 February 1987 to the control of her USAR unit.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 for the period ending 13 February 1987 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Service Ribbon.

4.  On 17 November 1990, she was ordered to active duty in support of Operations Desert Shield/Desert Storm and she subsequently served in Southwest Asia from 18 January 1991 to 5 May 1991.

5.  Headquarters, 7th Support Group, Permanent Order Number 15-326, dated 27 April 1991, awarded her the Army Commendation Medal for meritorious achievement from 16 January 1991 to 10 March 1991.

6.  She was honorably released from active duty on 17 May 1991 to the control of her USAR unit.

7.  Item 13 of her DD Form 214 for the period ending 17 May 1991 shows the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar.

8.  U.S. Army Reserve Center, Salt Lake City, UT, memorandum, dated 27 June 1991, awarded her the Army Reserve Components Achievement Medal for service from July 1990 to July 1994.

9.  On 21 October 1992, she was issued a DD Form 215 (Correction to DD Form 214) that added awards of the Southwest Asia Service Medal with 2 bronze service stars and the Kuwait Liberation Medal.

10.  On 17 June 1993, she was issued a second DD Form 215 which again added the awards of the Southwest Asia Service Medal with 2 bronze service stars and the Kuwait Liberation Medal.

11.  Her record shows she completed the Primary Leadership Development Course (PLDC) in 1993.

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Army Reserve Components Achievement Medal is awarded to USAR personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or USAR troop program unit or as an individual mobilization augmentee.  Since 3 March 1972 the medal has been authorized on completion of 4 years of service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  The period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced in 1995 from 4 to 3 years.  This change is not retroactive.  A member must be recommended for the award by his/her unit commander.

	b.  The Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.

	c.  The Kuwait Liberation Medal (Saudi Arabia) 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.

	d.  The Kuwait Liberation Medal (Kuwait) 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.

	e.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal
	f.  The Southwest Asia Service Medal 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 on the Southwest Asia Service Medal for participation in each of the following credited campaigns: 

* 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)

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  This regulation states that once a DD Form 214 has been issued, do not reissue this form unless directed by proper appellate authority, Executive Order, or by the Secretary of the Army or when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 omitted several awards.

2.  Permanent orders awarded her the Army Commendation Medal for meritorious achievement which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

3.  The evidence of record shows she served in Southwest Asia during the Gulf War from 18 January 1991 to 5 May 1991.  As such, she served a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  Therefore, she is entitled to correction of her DD Form 214 to show these awards.

4.  With respect to the remaining awards:

	a.  The National Defense Service Medal is already listed on her DD Form 214 for the period ending 17 May 1991.  There is no indication that she served a 

second qualifying period during which this award was authorized.  Therefore, no correction is required.

	b.  The Southwest Asia Service Medal with 2 bronze service stars is already listed on her DD Form 215, dated 21 October 1992.

	c.  The Army Reserve Components Achievement Medal was awarded on 27 June 1991 for service from July 1990 to July 1994.  Since this medal was awarded on 27 June 1991 for a period not covered by the DD Form 214, there is no provision to list it on any of her previously-issued DD Forms 214.

	d.  The applicant completed PLDC in 1993 and she would have been awarded the NCO Professional Development Ribbon upon completing this course.  Since this medal was awarded in 1993 for a period not covered by the DD Form 214, there is no provision to list it on any of her previously-issued DD Forms 214.

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 issuing her a new DD Form 214 covering the period from 17 November 1990 through 17 May 1991 and adding the Army Commendation Medal, Southwest Asia Service Medal with two bronze service stars, 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 National Defense Service Medal, NCO Professional Development Ribbon, and the Army Reserve Components Achievement 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)                                         AR20090020370



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ABCMR Record of Proceedings (cont)                                         AR20090020370



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