IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003525
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 April 1991 to show all awards for his service in Southwest Asia during Operations Desert Shield/
Desert Storm in 1990-1991, to include the Army Commendation Medal and Southwest Asia Service Medal.
2. He states he received the missing awards.
3. He provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 August 1971
* sergeant first class promotion memorandum, dated 7 May 1991
* Army Commendation Medal orders, dated 2 November 1991
* letter of appreciation, dated 15 December 1991
* DD Form 214 for the period ending 15 April 1991
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 military records show he enlisted in the U.S. Army Reserve (USAR) on 8 December 1984 having prior U.S. Marine Corps enlisted service. He held military occupational specialty 92B (Medical Laboratory Specialist). He was ordered to active duty on 6 December 1990 in support of Operations Desert Shield/Desert Storm. He served in Southwest Asia from 21 December 1990 through 31 March 1991.
3. He was honorably released from active duty in pay grade E-6 on 15 April 1991 to the control of his USAR unit.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 April 1991 lists the:
* Army Service Ribbon
* Vietnam Service Medal
* National Defense Service Medal (2nd Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Noncommissioned Officer Professional Development Ribbon (3rd Award)
* Armed Forces Achievement Medal
* Army Reserve Components Achievement Medal with 2nd Oak Leaf Cluster
5. Permanent Orders 2-23 issued by the 996th Medical Laboratory, dated 2 November 1991, awarded him the Army Commendation Medal for meritorious achievement during Operation Desert Storm from 25 December 1990 to 31 March 1991.
6. He was honorably discharged from the USAR on 12 December 1995.
7. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the Southwest Asia Service Medal to Army Soldiers who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 through 16 January 1991), Liberation and Defense of Kuwait (17 January through 11 April 1991), and Southwest Asia Cease-Fire (12 April 1991 through 30 November 1995) campaigns.
8. Army Regulation 600-8-22 also states 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.
9. Army Regulation 600-8-22 further states 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. Permanent orders awarded him the Army Commendation Medal for meritorious achievement during Operation Desert Storm; therefore, he is entitled to correction to his DD Form 214 to show award of the Army Commendation Medal.
2. The evidence of record shows he served in Southwest Asia from 21 December 1990 through 31 March 1991 during two campaigns. Based on this service he is also entitled to the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait and correction of his DD Form 214 to reflect these awards.
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:
* adding the following awards to item 13 of the applicant's DD Form 214 for the period ending 15 April 1991
* Army Commendation Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* providing him a document including these changes
_____________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) AR20110003525
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ABCMR Record of Proceedings (cont) AR20110003525
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