IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100024255 


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 that his records be corrected to show his award of the Combat Infantryman Badge, awarding him a campaign medal for Operation Just Cause, and to show the correct spelling of his middle name as Aaron.

2.  The applicant states his middle name is spelled "Aaron," not "Arron."  He was assigned to Company B, 3rd Battalion, 504th Parachute Infantry Regiment, during Operation Just Cause and has the orders for his award of the Combat Infantryman Badge, but has lost the orders for the campaign medal.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and orders for the Combat Infantryman Badge.

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 served on active duty in the Regular Army from 23 February 1989 through 6 January 1993.

3.  All of his enlistment documents and the social security card provided upon enlistment show the spelling of his middle name as "Aaron."  The majority of his official records use only a middle initial.  Only his separation orders and his DD Form 214 show the spelling of his middle name as "Arron."

4.  Headquarters, Joint Task Force-South, Permanent Orders 3-4, dated 7 January 1990, awarded the applicant the Combat Infantryman Badge for service on 7 January 1990.

5.  The applicant served in Southwest Asia from 16 February 1991 through 1 April 1991.

6.  His DD Form 214 shows the spelling of the applicant's middle name as "Arron."  It lists his awards as the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Southwest Asia Service Medal with one bronze service star, Expert Marksmanship Qualification Badge with Hand Grenade and Dragon Gunner Bars, Marksman Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and Kuwait Liberation Medal.

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

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 for military operations within specific geographic areas during specified time periods.  The Armed Forces Expeditionary Medal is authorized for service in Panama during Operation Just Cause from 20 December 1989 to 31 January 1990.

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 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 states the spelling of his middle name is "Aaron," not "Arron."  He was assigned to Company B, 3rd Battalion, 504th Parachute Infantry Regiment, during Operation Just Cause and has the orders for his Combat Infantryman Badge, but has lost the orders for the campaign medal.

2.  The preponderance of evidence shows the correct spelling of his middle name as "Aaron."  It is appropriate to correct the records to properly show this fact.

3.  The applicant is shown to have served in Panama during Operation Just Cause.  He was awarded the Combat Infantryman Badge for his combat service on 7 January 1990.  This award was omitted from his DD Form 214 and it is appropriate to correct this oversight.

4.  The Armed Forces Expeditionary Medal was authorized for personnel serving in Panama during Operation Just Cause.  The applicant's award of the Combat Infantryman Badge shows he is eligible for this award.  It is appropriate to correct the records to show award of the Armed Forces Expeditionary Medal for Panama.

5.  At the time of the applicant's release from active duty one Kuwait Liberation Medal was authorized.  Subsequent to his release a second Kuwait Liberation Medal was authorized and the two medals were designated the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.  It is appropriate delete the Kuwait Liberation Medal entry from item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and replace it with Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.

6.  Based on the above facts and findings, it is appropriate to correct the applicant's records to show that in addition to the awards listed on the DD Form 214, the applicant is also authorized the Armed Forces Expeditionary Medal (Panama), Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Combat Infantryman Badge.

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:

	a.  correcting his separation orders and his DD Form 214 to show the spelling of his middle name as "Aaron";

	b.  deleting the Kuwait Liberation Medal from item 13 of his DD Form 214;

	c.  adding the Armed Forces Expeditionary Medal (Panama), Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Combat Infantryman Badge to item 13 of his DD Form 214.



      ____________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)                                         AR20100024255



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ABCMR Record of Proceedings (cont)                                         AR20100024255



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