IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110002379 


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).

2.  The applicant states the 3rd Award of the Army Achievement Medal (AAM), additional bronze service stars with his Southwest Asia Service Medal (SWASM), and the Valorous Unit Award (VUA) should be added to the list of earned awards in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

3.  The applicant provides no documentary evidence in support of the application. 

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 record shows he enlisted in the Regular Army on 25 January 1985, and he reenlisted on 8 January 1988.  He held and served in military occupational specialty (MOS) 52D (Power Generator Equipment Repairer), and specialist (SPC)/E-4 is the highest rank/grade he attained while serving on active duty.  

3.  The applicant’s record shows he served in Southwest Asia (SWA) with the
2nd Battalion, 1st Air Defense Artillery (ADA) from 22 October 1990 through
15 March 1991.  It also shows he earned the following awards during his active duty tenure:

* Army Service Ribbon
* National Defense Service Medal 
* SWASM with 2 bronze service stars
* Army Good Conduct Medal (AGCM) (2nd Award)
* Overseas Service Ribbon
* AAM with 1st Oak Leaf Cluster (OLC) (2nd Award)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The record contains the following two orders awarding the applicant the AAM for the reasons and periods indicated.  There are no orders or documents on file indicating he was ever recommended for or awarded a third AAM;

* Headquarters, 2nd Infantry Division Permanent Orders 91-6, dated
4 May 1987, awarded him the AAM (Impact) for the period 3 March to 
9 April 1987
* Headquarters, 2nd Infantry Division Permanent Orders 110-34, dated
24 May 1989, awarded him the AAM (1st OLC) for meritorious service for the period 3 February 1989 to 12 February 1989.  

5.  On 6 November 1991, the applicant was honorably released from active duty after completing 6 years, 8 months, and 13 days of active military service.  The DD Form 214 he was issued at the time lists two awards of the AAM and 2 bronze service stars with his SWASM in item 13.  A third award of the AAM and the VUA are not included in the list of awards.

6.  During the review of this case, a member of the Board staff reviewed the unit awards section of the Military Awards Branch (MWB) web site.  It confirms the applicant’s unit (2nd Battalion, 1st Air Defense Artillery) was awarded the VUA for the period 17 January to 1 March 1991 in Department of the Army General Order (DAGO) 27, issued in 1994.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s award policy.  Paragraph 2-14 contains guidance on the SWASM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in SWA.

8.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant’s tenure of assignment in SWA, participation credit was granted for the following two campaigns:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)

9.  The third campaign of the SWA conflict was the SWA Cease Fire, which covered a period beginning on 12 April 1991, after the applicant's departure from the theater.

10.  Army Regulation 600-8-22 states 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.

11.  Army Regulation 600-8-22 states 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 request to correct item 13 of his DD Form 214 by adding a third AAM, VUA, and additional bronze service stars with his SWASM has been carefully considered and found to have partial merit.

2.  The evidence of record confirms the applicant’s unit was cited for award of the VUA for the period 17 January to 1 March 1991, during his tenure of assignment.  As a result, it would be appropriate to add the VUA to his DD Form 214.

3.  The applicant’s record is void of any orders or other documents that indicate he was ever recommended for or awarded a third AAM.  Therefore, absent any evidence of record or independent evidence provided by the applicant confirming he was awarded a third AAM, there is an insufficient evidentiary basis to support granting this portion of his requested relief.

4.  Further, the record shows that during his tenure of assignment in SWA participation credit was granted for only 2 campaigns.  The third campaign of this conflict covered a period after the applicant departed the theater.  As a result, the 2 bronze service stars already listed with his SWASM are correct and there is no basis to add an additional bronze service star to this award.

5.  The applicant served during a qualifying period of service for the KLM-SA and the KLM-KU.  Therefore, it would be appropriate to add these awards to his
DD Form 214.

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 adding to item 13 of his DD Form 214 the:

* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberations Medal - Kuwait
* Valorous Unit Award

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 adding a third award of the AAM and/or additional bronze service stars to his SWASM.



      _________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)                                         AR20110002379



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002379



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1