IN THE CASE OF:	  

		BOARD DATE:	    7 December 2010

		DOCKET NUMBER:  AR20100014464


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 records to show award of the Southwest Asia Service Medal (SWASM).

2.  The applicant states he served in support of Operation Desert Storm from 19900826-19910324.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect the SWASM.

3.  The applicant provides a copy of his DD Form 214 for the period 19870709-19910425 showing service in Southwest Asia and award of:

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal (1 Oak Leaf Cluster)
* Overseas Service Ribbon (2)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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.  With prior service in the Reserve Components, the applicant enlisted in the Regular Army on 9 July 1987.  He served until honorably discharged as a specialist/E-4 on 25 April 1991.

3.  The applicant served in military occupational specialty 11B1O (Infantryman) with Headquarters and Headquarters Detachment, 2nd Battalion, 7th Infantry, 3rd Infantry Division, Fort Stewart, GA.  He served with his unit in Southwest Asia from 26 August 1990 to 24 March 1991.

4.  The applicant's records contain three sets of orders awarding him the Army Achievement Medal.  These orders are:

* Permanent Orders 90-04, Headquarters, 2nd Battalion, 16th Infantry, 3rd Armored Division, dated 18 August 1988
* Permanent Orders 29-01, Headquarters, 3rd Battalion, 5th Cavalry, 3rd Armored Division, dated 27 April 1989
* Permanent Orders 41-01, Headquarters, 3rd Battalion, 5th Cavalry, 3rd Armored Division, dated 13 August 1989

5.  The applicant's records contain no other orders awarding decorations or badges.

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  The regulation further provides:

	a.  The SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* 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)

	b.  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.

	c.  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.

	d.  The Army Good Conduct Medal 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the SWASM be added to his DD Form 214.

2.  The applicant served in the Persian Gulf War and is entitled to award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU.

3.  The applicant received three Army Achievement Medals, but his DD Form 214 only reflects two awards – "Army Achievement Medal (1 Oak Leaf Cluster)."  His DD Form 214 should be corrected to show two oak leaf clusters.

4.  The applicant's records do not show award of the Army Good Conduct Medal.  The applicant served honorably for 3 years, 7 months, and 9 days with no lost time.  He was promoted to corporal and he received three Army Achievement Medals.  Additionally, there is no evidence in the applicant's records to show he was ever disqualified for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal for the period 9 July 1987 through 8 July 1990.



BOARD VOTE:

__X__ __  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal for the period 9 July 1987 through 8 July 1990
* correcting his DD Form 214 to add the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU as well as a second oak leaf cluster for his Army Achievement Medal




      _______ _  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)                                         AR20100014464



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ABCMR Record of Proceedings (cont)                                         AR20100014464



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