IN THE CASE OF:
BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110001795
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" Device.
2. The applicant states he received the medal but it is not listed on his DD Form 214.
3. The applicant provides a certificate showing award of the Army Commendation Medal with "V" Device.
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 applicants 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 July 1989 and he held military occupational specialty 19K (Armor Crewmember). He served in Southwest Asia with B Company, 4th Battalion, 37th Armor, in support of Operation Desert Shield/Storm from 8 January to 13 May 1991.
3. He was honorably released from active duty on 21 November 1991 and transferred to the U.S. Army Reserve to complete his remaining service obligation. His DD Form 214 shows the following entries:
a. Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, and Sharpshooter Marksmanship Qualification Badge with Pistol (9mm) and Grenade Bars.
b. Item 18 (Remarks) does not list service in a hostile fire/imminent danger pay (HF/IDP) area.
4. He submitted a certificate, dated 24 June 1991, that shows he was awarded the Army Commendation Medal for valor in connection with combat operations from 24 to 28 February 1991, by authority of Permanent Orders Number 08-59, issued by his brigade commander.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD)" will be entered in item 18.
6. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. 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.
b. 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 evidence of record shows the applicant served in Southwest Asia during the Gulf War from 8 January to 13 May 1991. Therefore, he is entitled to correction of his DD Form 214 to show this period of service.
2. His service in Southwest Asia also qualifies him for award of the KLM-SA and KLM-KU. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
3. Permanent orders awarded him the Army Commendation Medal with "V" Device (for valor) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this medal.
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:
* 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
* adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910801 - 19910513"
_______ _ _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) AR20110001795
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110001795
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