IN THE CASE OF:	  

		BOARD DATE:	    29 March 2011

		DOCKET NUMBER:  AR20100023527 


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 the Army Commendation Medal, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, and the Valorous Unit Award.

2.  He states he was qualified to receive these awards, but they were not entered on his DD Form 214.

3.  He provides an Army Commendation Medal certificate and two memoranda.  

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 enlisted in the Regular Army on 1 March 1988.

3.  He served in Southwest Asia (SWA) from 19 December 1990 through 2 May 1991.

4.  He provided an undated 511th Military Intelligence Battalion memorandum which indicated he was attached to Company B, 511th Military Intelligence Battalion (Tactical Exploitation (TE)), 207th Military Intelligence Brigade and served with the 502nd Military Intelligence Company, 2nd Armored Cavalry Regiment during offensive ground operations in Iraq from 19 December 1990 to 2 May 1991.

5.  He provided a Company B, 511th Military Intelligence Battalion memorandum, dated 24 June 1991, which shows he was deployed to SWA from 21 December 1990 to 3 May 1991 with Company B, 511th Military Intelligence Battalion, 207th Military Intelligence Brigade.  The memorandum also shows this unit was attached to the 502nd Military Intelligence Company, 2nd Armored Cavalry Regiment from 16 January 1991 to 8 March 1991 and deployed forward into Iraq and Kuwait in a direct support role during offensive combat operations.

6.  He also provided a certificate which shows he was awarded the Army Commendation Medal for meritorious achievement while attached to the 511th Military Intelligence Battalion during Operation Desert Shield/Storm from 22 December 1990 to 20 April 1991 by Permanent Order Number 26-3, dated 24 July 1991.  

7.  He was released from active duty on 21 February 1992 in the rank/grade of specialist (SPC)/E-4.  He completed 3 years, 11 months, and 21 days of creditable active service with no time lost.  His service record does not show any disciplinary actions or that his commander disqualified him for the first award of the Army Good Conduct Medal.

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

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar


9.  Review of the Human Resources Command (HRC), Military Awards Branch, Previously-Approved Awards list does not show the 2nd Armored Cavalry was awarded the Valorous Unit Award.  However, it does show the 511th Military Intelligence Battalion was awarded the Meritorious Unit Commendation for the period 8 December 1990 through 7 May 1991 by Department of Army General Orders Number 34, dated 30 December 1992.

10.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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.  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.

	c.  Southwest Asia Service Medal 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)

	d.  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.  Permanent orders awarded him the Army Commendation Medal.  Therefore, this award should be added to his DD Form 214.  


2.  The evidence of record shows he served in SWA from 19 December 1990 through 2 May 1991.  As such, he served a period of qualifying service for award of the KLM-SA and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His DD Form 214 currently shows the Southwest Asia Service Medal with two bronze service stars.  However, he participated in three designated campaign phases during his SWA service.  Therefore, he is entitled to an additional bronze service star for wear on his Southwest Asia Service Medal and correction of his DD Form 214 to show this additional bronze service star.

4.  The evidence of record shows he was attached to Company B, 511th Military Intelligence Battalion (TE), 207th Military Intelligence Brigade and he served with the 502nd Military Intelligence Company, 2nd Armored Cavalry Regiment during his deployment to SWA.  The HRC, Military Awards Branch, Previously-Approved Awards list does not show the 2nd Armored Cavalry Regiment was awarded the Valorous Unit Award.  Therefore, there is no basis for adding this unit award to his DD Form 214.

5.  However, he was assigned to the 511th Military Intelligence Battalion during a period it was awarded the Meritorious Unit Commendation.  Therefore, this unit award should be added to his DD Form 214.

6.  It appears he has met the regulatory requirements for the first award of the Army Good Conduct Medal for the period 1 March 1988 through 28 February 1991.  His service record shows he was advanced to SPC/E-4 and he has no record of any disciplinary action that would disqualify him from receiving this award.  Therefore, he is entitled to award of the Army Good Conduct Medal
(1st Award) and correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Southwest Asia Service Medal with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 1 March 1988 through 28 February 1991; and

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

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
* Meritorious Unit Commendation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Valorous Unit Award and correction of his DD Form 214 to show this award.



      _________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)                                         AR20100023527



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ABCMR Record of Proceedings (cont)                                         AR20100023527



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