IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100013842
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 reflect all his awards.
2. The applicant states he was awarded the Southwest Asia Service Medal and the Kuwait Liberation Medal for his service in the Persian Gulf after he was released from active duty and needs them added to his DD Form 214. In addition, the Army Achievement Medal he received on 16 February 1990, while assigned to 4th Battalion, 32nd Armor Brigade, is not listed on his DD Form 214.
3. The applicant provides his DD Form 214.
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's record shows he enlisted in the Regular Army on 1 September 1987 and held military occupational specialty 63E (Tank Mechanic). He was honorably released from active duty on 25 April 1991 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He served a total of 3 years, 7 months, and 25 days of creditable active service with no lost time.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button.
4. On 31 August 1992, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), which added to item 13 of his DD Form 214 awards of the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal.
5. His records do not contain official orders awarding him the Army Achievement Medal; however, item 9 (Awards, Decorations and Campaigns) of his DA Form
2-1 (Personnel Qualification Record) contains the entry "AAM-1" indicating he had been awarded the Army Achievement Medal.
6. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. 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.
b. 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.
c. The Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show all his awards.
2. With respect to the Army Achievement Medal, although there are no orders in his record for the Army Achievement Medal his DA Form 2-1 does show he was awarded an Army Achievement Medal. Therefore, there he is entitled to correction of his DD Form 214 to show it.
3. With respect to the Kuwait Liberation Medal, although his DD Form 215 shows he was awarded this and the Southwest Asia Service Medal, his service in Southwest Asia is a qualifying period for award of both the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait). Therefore, he is entitled to correction of his DD Form 214 to show these awards.
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. voiding the applicant's DD Form 215, dated 31 August 1992; and
b. adding to his DD Form 214 the Army Achievement Medal, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and 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) AR20100013842
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ABCMR Record of Proceedings (cont) AR20100013842
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