IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110003991 


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 award of and correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 31 December 1991 to show the following awards for his service in Southwest Asia during Desert Shield/Storm: 

* Valorous Unit Award
* Army Achievement Medal
* Kuwait Liberation Medal (Government of Kuwait)

2.  He states that the Valorous Unit Award was awarded for service from 15 to 25 February 1991 by Department of the Army General Orders (DAGO) Number 27, dated 27 December 1994.  He was assigned to the 1st Battalion, 3rd Armor, 1st Calvary Division.  He had already been discharged when the award was given and he believes he earned it, as well as everyone that was in his unit. 

3.  He also states that the Army Achievement Medal was never added to his DD Form 214.  As he recalls it was in his 201 File (Military Personnel Records Jacket).  He was awarded this medal for doing his job as a Soldier and believes it should be reflected in his record.  The Kuwait Liberation Medal was given after he was discharged.  He also believes his records should reflect this earned award.

4.  He provides a copy of his DD Form 214.


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 are not available for review.  However, the DD Form 214 submitted by him is sufficient for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he enlisted in the Regular Army on 7 May 1985.  He completed training and he was awarded military occupational specialty 11M, Fighting Vehicle Infantryman.  He served in Southwest Asia (Saudi Arabia) from 7 October 1990 through 17 April 1991, during three campaigns.  

4.  He served continuously on active duty through one reenlistment until he was honorably released from active duty in pay grade E-4 on 31 December 1991.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 6 years, 7 months, and 24 days of active service.

5.  Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 lists Company C, 1st Tank Battalion, 32nd Armor Regiment.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

* Army Lapel Button
* Southwest Asia Service Medal with two bronze service stars

7.  There is no available evidence or orders showing he was awarded the Army Achievement Medal.

8.  The Army Human Resources Command, Military Awards Branch, Previously Approved Unit Awards website, shows the 1st Battalion, 32nd Armor, 1st Calvary Division, was cited for award of the Valorous Unit Award for the period 15 to 25 February 1991, by DAGO Number 27, dated 27 December 1994.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 also states that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members 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 the Southwest Asia Cease-Fire (12 April 1991 through 30 November 1995) campaigns.

11.  Army Regulation 600-8-22 further states the Kuwait Liberation Medal was 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.

12.  Army Regulation 600-8-22 further states the Kuwait Liberation Medal was 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 evidence of record shows the applicant served in three campaigns during his deployment to Southwest Asia.  Therefore, he is entitled to an additional bronze service star, for a total of three, to be affixed to his Southwest Asia Service Medal.

2.  Based on his service in Southwest Asia he is also entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his DD Form 214 to reflect these awards.

3.  The available evidence does not confirm he was assigned to the 1st Battalion, 32nd Armor, 1st Calvary Division, during the period it was cited for award of the Valorous Unit Award.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

4.  There is also no available evidence of record and he has provided none to show he was awarded the Army Achievement Medal.  Therefore, he is also not entitled to this award and its addition 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:

* deleting from Item 13 of the applicant’s DD Form 214 the Southwest Asia Service Medal 
* adding to Item 13 of his DD Form 214 the following awards:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
* Kuwait Liberation Medal awarded by the Government of Kuwait

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 award of the Valorous Unit Award and Army Achievement Medal and their addition to 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)                                         AR20110003991





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ABCMR Record of Proceedings (cont)                                         AR20110003991



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