IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100021991 


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 show award of the Army Commendation Medal (1st Oak Leaf Cluster) and the Southwest Asia Service Medal (SWASM).

2.  The applicant states his second award of the Army Commendation Medal was never placed in his records and the SWASM was awarded after he was discharged from the Army.

3.  The applicant provides his DD Form 214, DA Form 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), two award certificates, and two pages of his DA Form 2-1 (Personnel Qualification Record)

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 records show he enlisted in the Regular Army on 12 December 1977 and he held military occupational specialty 71L (Administrative Specialist).  He served in Southwest Asia (SWA) from 17 December 1990 to 22 April 1991 while assigned to the 202nd Military Intelligence (MI) Battalion, 513th MI Brigade.

3.  Headquarters, 513th MI Brigade, Permanent Order Number 12-38, dated 2 April 1991, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service during the period 18 December 1990 to 10 March 1991.

4.  On 17 December 1991, he was honorably released from active duty by reason of expiration of term of service.  He completed 14 years and 6 days of creditable active service.

5.  Item 13 ((Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Army Good Conduct Medal (4th Award)
* Overseas Service Ribbon
* Driver and Mechanic Badge
* Army Achievement Medal
* Army Commendation Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Department of the Army General Orders 27, dated 1994, awarded the 202nd MI Battalion the Meritorious Unit Commendation for the period 28 August 1990 through 15 April 1991.


7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded his unit the Meritorious Unit Commendation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record shows he served in SWA from 17 December 1990 to 22 April 1991 and he participated in three campaigns during his service in SWA.  Therefore, he is entitled to award of the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait, and 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.  deleting from Item 13 of his DD Form 214 the Army Commendation Medal; and

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

* Army Commendation Medal (2nd Award)
* Meritorious Unit Commendation
* Southwest Asia Service Medal with three 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)                                         AR20100021991



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ABCMR Record of Proceedings (cont)                                         AR20100021991



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