BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012245 


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 8 January 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal, the Army Commendation Medal (ARCOM), and the "ARCON Medal" [presumed to be the Army Reserve Components Achievement Medal (ARCAM)].

2.  He states these awards were not listed on his DD Form 214.

3.  He provides a copy of his DD Form 214 and the ARCOM certificate.

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.  His record shows he enlisted in the Regular Army on 28 September 1983.  He served 2 years, 9 months, and 27 days of net active service and he was released from active duty on 24 July 1986 with an honorable characterization of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  He was ordered to active duty as a member of the USAR on 11 October 1990. 
He served on active duty for 2 months and 28 days and was honorably released from active duty on 8 January 1991.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All Periods of Service)) of his 8 January 1991 DD Form 214 shows the Army Achievement Medal (2nd Award), Army Good Conduct Medal (1st Award), Air Assault Badge, Jungle Expert Badge, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He provided a copy of his ARCOM certificate, dated 25 January 1991.  The certificate shows the applicant was awarded the ARCOM for meritorious achievement while assigned as the noncommissioned officer-in-charge of protocol during the initial months of Operation Desert Shield from 11 October 1990 to 11 January 1991.  However, his military personnel file does not contain a copy of the certificate or orders awarding him the ARCOM.

6.  Orders D-04-536810, dated 25 April 1995, show the applicant was honorably discharged from the USAR effective 25 April 1995.

7.  The applicant's name is listed on the Gulf War Roster.  This roster shows the applicant served in Saudi Arabia from 1 November 1990 to 30 November 1990.

8.  A review of the applicant's DD Form 214 indicates he is entitled to an additional award that is not shown on this form.

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), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire (12 April 1991 to 30 November 1995) campaigns.

10.  Army Regulation 600-8-22 states the Kuwait Liberation Medal 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 640-2-1 (Personnel Qualification Records) prescribes the policies for preparing, maintaining, and disposing of the military personnel record jacket and personnel qualification record.  The regulation states that award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration on a Soldier's DD Form 214.

12.  Army Regulation 600-8-22 provides that the ARCAM is authorized for award to Army 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 Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Effective 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  The information obtained from the Gulf War roster verifies the applicant was deployed to Saudi Arabia from 1 November 1990 to 30 November 1990.  Additionally, he participated in one campaign during this period of service that entitles him to a bronze service star for wear on the Southwest Asia Service Medal.

2.  His service in Southwest Asia also qualifies him for award of the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  There are no orders available which awarded the applicant the ARCOM.  As cited above, certificates alone will not be used as a basis for entering a decoration on a Soldier's DD Form 214.  The veracity of the ARCOM certificate is not in question; however, in the absence of orders awarding the applicant the ARCOM or other corroborating evidence, there is an insufficient basis to correct his DD Form 214 to show this award.

4.  There is no available evidence that the applicant served for 4 consecutive years of qualifying service in a USAR troop program unit or as an individual mobilization augmentee.  There is no recommendation from the applicant's commander which shows the applicant was recommended for award of the ARCAM.  In the absence of such evidence there is no basis for award of the ARCAM to 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 the evidence presented is 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 adding to item 13 of his 8 January 1991 DD Form 214 the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal-Kuwait.

2.  The Board further determined 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 awards of the ARCOM and ARCAM.



      ___________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)                                         AR20100012245



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ABCMR Record of Proceedings (cont)                                         AR20100012245



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