IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013274 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Air Medal (AM), Army Commendation Medal (ARCOM), Army Achievement Medal (AAM), Army Good Conduct Medal (AGCM), Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal, and all other awards for service during Operation Desert Storm.

2.  The applicant states he was unavailable to sign his DD Form 214 and some of his awards were not entered on that form.

3.  The applicant provides his DD Form 214 and certificates showing he was awarded the AM, ARCOM, AAM, and AGCM.

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 military records show that he enlisted in the Regular Army on 18 June 1987.  He was awarded military occupational specialty 67N (utility helicopter repairer), he served in Southwest Asia (SWA) from 1 January 1991 to 31 May 1991, and he was promoted to pay grade E-5 on 1 October 1989.

3.  He was honorably released from active duty on 17 June 1991 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  The applicant's records do not contain any evidence of misconduct or indiscipline, or a commander's disqualification for the 1st award of the AGCM.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not list the awards requested by the applicant.

6.  Evidence shows the applicant was presented with a DA Form 4980-18 (The AAM Certificate), dated 15 June 1980, for meritorious achievement during the period November 1989 to May 1990.  It further indicates the AAM was awarded by Orders Number 28-06.

7.  Permanent Orders 113-68, issued by Headquarters, VII Corps, dated
17 September 1991, awarded the applicant the AM for meritorious achievement for the period 17 January 1991 to 31 May 1991.

8.  Permanent Orders 123-72, issued by the same headquarters, dated
22 October 1991, awarded the applicant the ARCOM for meritorious achievement for the period 15 November 1990 to 31 March 1991.

9.  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 served in the theater of operations between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  This database shows that the applicant was deployed to the SWA theater of operation from 1 January 1991 to 31 May 1991.

10.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army Soldiers who participated in Operations Desert Shield and 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)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

11.  Army Regulation 600-8-22 provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  

12.  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.  It 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.

13.  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.  It 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.

14.  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 Defense Manpower Data Center database for Operations Desert Shield and Desert Storm confirms that the applicant deployed and served in this area of operation from 1 January 1991 to 31 May 1991.  Based on this evidence of record, the applicant is entitled to correction of his record to show award of the SWASM with three bronze service stars, KLM-SA, and the KLM-KU.

2.  The applicant's records contain a copy of the applicant's ARCOM and AM orders.  Therefore, these awards should be added to his DD Form 214.

3.  The AAM certificate provided by the applicant is also contained in his official personnel records.  The certificate indicates the AAM was awarded by Orders Number 28-06.  As such, the annotation of the orders number on the AAM certificate is accepted as sufficient evidence to grant this portion of the applicant's request.  Therefore, his DD Form 214 should be corrected to show this award.

4.  While the applicant's records do not contain orders for the AGCM, the applicant was awarded the AM, ARCOM, and AAM for meritorious achievement, he was promoted to pay grade E-5, and there is no evidence of misconduct or indiscipline in his records.  Therefore, it would now be appropriate to award him the 1st award of the AGCM and to correct his DD Form 214 to show this award.

5.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st award) for the period
18 June 1987 through 17 June 1990; and

	b.  adding to item 13 of his DD Form 214 the:

* Air Medal
* Army Commendation Medal
* 
Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait



      ___________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)                                         AR20100013274



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013274



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1