BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100014107 


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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show a third award of the Army Achievement Medal (AAM), the Kuwait Liberation Medal, and Cold War Victory Medals [interpreted to mean the Cold War Recognition Certificate].

2.  The applicant states the awards were given a couple of months prior to his first separation date and his DD Form 214 was not updated.

3.  The applicant provides two DD Forms 214, for the period ending 29 June 1990 and 3 July 1991; a DD Form 215 (Correction to DD Form 214), dated 6 July 1992; and orders for three Army Achievement Medals.

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 requests correction of his DD Form 214 to show a third award of the AAM.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of both his DD Forms 214 show the AAM with 2nd oak leaf cluster (OLC).  Army Regulation 600-8-22 (Military Awards) states an OLC is awarded to denote the second and succeeding awards of certain decorations, among which is the AAM.  The first OLC denotes the second award and the 2nd OLC denotes the third award.  As such, his DD Forms 214 already reflect a third award of the AAM.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant has requested, in effect, award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in these Proceedings.

4.  The applicant enlisted in the Regular Army on 3 October 1984 for 4 years.  He completed his initial entry training and he was awarded military occupational specialty 63J (Quartermaster Chemical Equipment Repairer).  On 30 June 1988, he reenlisted for two years.  He was released from active duty on 29 June 1990 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.

5.  He was ordered to active duty as a member of his Reserve unit in support of Operation Desert Storm.  He entered active duty on 31 January 1991 and he served in Southwest Asia from 16 February 1991 to 8 June 1991.  He was released from active duty on 3 July 1991.

6.  Item 13 of his DD Form 214 for the period ending 3 July 1991 shows the Army Service Ribbon, Army Achievement Medal (2nd OLC), Army Commendation Medal, Army Good Conduct Medal, Noncommissioned Officer Development Ribbon, Overseas Service Ribbon, National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).


7.  He was issued a DD Form 215, dated 6 July 1992, which corrected his
DD Form 214 for the period ending 3 July 1991 by adding to item 13 the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal.

8.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states, in pertinent part:

	a.  the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 awarded by the Government of Kuwait
(KLM-KU) 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.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant deployed to Southwest Asia during a qualifying period for awards of the KLM-SA and the KLM-KU.  Therefore, his DD Form 214 for the period ending 3 July 1991 should be corrected to show these foreign 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.  deleting from item 13 of his DD Form 214 for the period ending 3 July 1991 the Kuwait Liberation Medal; and

	b.  adding to item 13 of his DD Form 214 for the period ending 3 July 1991 the KLM-SA and the KLM-KU.



      __________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)                                         AR20100014107



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ABCMR Record of Proceedings (cont)                                         AR20100014107



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