BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012513 


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) to show award of the:

* Army Commendation Medal (ARCOM)
* Kuwait Liberation Medal (awarded by the Government of Kuwait (KLM-K))
* Kuwait Liberation Medal (awarded by the Kingdom of Saudi Arabia 
(KLM-SA))

2.  He states, in effect, although he was awarded the aforementioned awards, they are not shown on his DD Form 214.  He also states he did not realize these awards were omitted from his DD Form 214 until recently when a claim he filed with the Department of Veterans Affairs was denied.

3.  He provides copies of:

* General orders authorizing the 1st Armored Division Combat Patch to members of his unit who served in Southwest Asia in support of Operation Desert Storm
* the DA Form 638-1 (Recommendation for Award) and certificate documenting his award of the ARCOM
* his DD Form 214
* photographs of medal sets for the ARCOM, KLM-SA, KLM-K, National Defense Service Medal (NDSM), and Southwest Asia Service Medal with 2 bronze service stars (SWASM w/ 2 BSS)
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, that was sent to a Member of Congress on his behalf

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.  He enlisted in the Regular Army on 21 November 1989.  Upon completion of initial entry training, he was awarded military occupational specialty 63E (M1 Abrams Tank Systems Mechanic/Recovery Operations).  The highest rank he attained while serving on active duty was private first class/pay grade E-3.

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Saudi Arabia from 26 December 1990 through 1 May 1991.

4.  His record contains (and he also provides) a copy of General Orders Number 1, dated 21 March 1991, authorizing the 1st Armored Division Combat Patch to be worn by members of units who served in Southwest Asia and were assigned, attached, or under operational control to the 1st Armored Division in support of Operation Desert Storm after 17 January 1991.  His unit is listed among those eligible.

5.  His record contains (and he also provides) a copy of a DA Form 638-1 which shows Permanent Orders Number 03-283, dated 8 April 1991, awarded him the ARCOM for meritorious achievement in combat operations during the period 17 January 1991 to 28 February 1991.  He also provides a copy of the certificate he was issued to commemorate his receipt of award.




6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 and Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 show award of or authorization for the:

* NDSM
* Army Service Ribbon
* SWASM w/ 2 BSS
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Marksman Marksmanship Qualification Badge with Grenade Bar

7.  Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 26 December 1990 to 1 May 1991.

8.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The Desert Shield/Storm Data Base shows he served in Southwest Asia from 1 January 1991 to 1 May 1991.

9.  He provides a letter from the NPRC that was sent to a Member of Congress on his behalf.  In pertinent part, this letter indicates he is entitled to each of the requested awards.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides the 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.  This regulation also provides the KLM-K 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, in pertinent part, provides that service in the Persian Gulf War is to be recognized by award of the SWASM 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).



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the ARCOM, KLM-K, and KLM-SA were carefully considered and determined to have merit.

2.  Permanent orders awarded him the ARCOM for meritorious achievement in combat operations.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  Evidence shows he served a qualifying period of time in a designated location to qualify for award of both the KLM-K and the KLM-SA.  Therefore, he is entitled to have his DD Form 214 corrected to show these foreign awards.

4.  Evidence shows he was previously awarded the SWASM.  Evidence also shows he participated in three campaigns while serving in Southwest Asia.  Therefore, he is entitled to correction of his DD Form 214 to properly show award of the SWASM with three bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x_____  ___x __  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 the applicant's DD Form 214 be corrected by:

	a.  deleting the entry "SOUTHWEST ASIA SERVICE MEDAL W/2 BRONZE STARS" from Item 13;
	
	b.  adding the following entry to item 13:  "ARMY COMMENDATION MEDAL//KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT//SOUTHWEST ASIA SERVICE MEDAL WITH THREE BRONZE SERVICE STARS"; and

	c.  providing him an appropriate document showing these corrections.



      _______ _   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)                                         AR20100012513





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ABCMR Record of Proceedings (cont)                                         AR20100012513



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