IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023826
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 show the Army Commendation Medal with "V" (Valor) Device.
2. The applicant states the award was not entered on his DD Form 214 at the time of separation.
3. The applicant provides a DD Form 214 and an Army Commendation Medal Certificate.
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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having had prior service in the U.S. Army Reserve in military occupational specialty 68D (Aircraft Powertrain Repairer), he enlisted in the Regular Army on 4 January 1988.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia (SWA) from 9 January to 15 May 1991.
4. On 14 December 1992, he was honorably released from active duty. Item
13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Good Conduct Medal
* Kuwait Liberation Medal
* SWA Service Medal with three bronze service stars
* Noncommissioned Officer Professional Development Ribbon
* Parachutist Badge
* Drivers Badge
* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar
5. He was awarded the Army Commendation Medal for the period 26 through 28 February 1991 as evidenced by the award certificate provided. This award is not shown on his DD Form 214. The citation on the award certificate reads as follows: "For exceptional valor as a vehicle operator during the ground phase of Operation Desert Storm. Specialist W's heroism was evident during a 140 mile/100 hour long day and night convoy operation through previously held and uncleared enemy territory in Iraq and Kuwait. Along the route, with complete disregard for his personal safety, Specialist W's vehicle encountered and bypassed unmarked mine fields, unexploded ordnance and manned enemy fighting positions."
6. The certificate indicates Orders Number 91-SMT-086 authorized award of the Army Commendation Medal.
7. Army Regulation 600-8-22 (Military Awards) states:
a. the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V device may be worn on awards of these medals.
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 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. The applicant's contention that his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device has been carefully considered.
2. The citation on the award certificate clearly indicates that the award was awarded for valor. Therefore, it would be appropriate to correct his DD Form 214 to show the Army Commendation Medal with "V" Device.
3. Based on his service in SWA, he is also entitled to the KLM-Saudi Arabia and KLM-Kuwait and to have these awards added to his DD Form 214.
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 the Kuwait Liberation Medal from item 13 of his DD Form 214;
b. adding to item 13 of his DD Form 214 the Army Commendation Medal with "V" Device, the Kuwait Liberation Medal - Saudi Arabia, and the 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) AR20100023826
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023826
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002075373C070403
The applicant requests correction of his records to show the Combat Infantryman Badge, the Kuwait Liberation Medal and the Bronze Star Medal. The applicant states that the Combat Infantryman Badge was never placed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Based on the foregoing, the applicant is not entitled to award of the Combat Infantryman Badge because he did not serve in an infantry duty position during Operation Desert Storm.
ARMY | BCMR | CY2008 | 20080013499
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Combat Infantryman Badge and the Army Commendation Medal with "V" Device. Headquarters, United States Army Forces Central Command, Permanent Orders 51-3, dated 21 March 1991, awarded the applicant the Combat Infantryman Badge for active ground combat service during the period 24-27 February 1991. There are no orders in the applicant's service...
ARMY | BCMR | CY2001 | 2001057950C070420
He also states that an ARCOM he was awarded is missing from separation document and although he was recommended for the AGCM by his unit commander, he never received the award. It states, in pertinent part, that a member is entitled to receive the AGCM for each 3 years completed. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit...
ARMY | BCMR | CY2007 | 20070017546
Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) should be corrected to show he served during Operation Desert Storm/Desert Shield. The applicants records show that he was promoted to SGT/E-5 on 10 January 1993, after the completion of...
ARMY | BCMR | CY2010 | 20100023527
Application for correction of military records (with supporting documents provided, if any). 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. 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...
ARMY | BCMR | CY2011 | 20110001795
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant served in Southwest Asia during the Gulf War from 8 January to 13 May 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to item 13 of his DD Form 214 the Army Commendation Medal with "V" Device, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation - Kuwait *...
ARMY | BCMR | CY2009 | 20090005520
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, award of the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal - Government of Kuwait (KLM-KU). The applicant states, in effect, that he served in Southwest Asia (SWA) in support of Operation Desert Storm from 14 January 1991 to 30 April 1991 and as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) he was...
ARMY | BCMR | CY2012 | 20120010724
The applicant requests, in two separate applications, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Valorous Unit Award * Southwest Asia Service Medal * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) * Any other awards to which he may be entitled 2. Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in...
ARMY | BCMR | CY2013 | 20130007868
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 May 1991 to show his deployment in Southwest Asia (SWA) and the Southwest Asia Service Medal (SWASM). Therefore, his DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2014 | 20140000281
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 September 1992 to show his deployment in Southwest Asia (SWA). The data from the DMDC is accepted as sufficient evidence in which to correct item 18 of the applicant's DD Form 214 for the period ending 18 September 1992 to show his dates of service in SWA from 6 December 1990 to 4 June 1991. As a result, the Board recommends that all Department of the Army...