IN THE CASE OF:	  

		BOARD DATE:	    27 September 2011

		DOCKET NUMBER:  AR20110005331 


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 the two bronze stars shown in the entry "Southwest Asia Service Medal w/2 Bronze Stars" listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests the Valorous Unit Award be entered on his DD Form 214.  He requests information (not specific) be deleted from item 18 (Remarks) of his DD Form 214.

2.  The applicant states his DD Form 214 states he was awarded 2 bronze stars but he never received them.  He states the Veterans of Foreign Wars (VFW) magazine issue for either November, December, or January authorized his unit the Valorous Unit Award.

3.  The applicant provides 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.  He requests information be deleted from item 18 of his DD Form 214; however, he is not specific as to which information he believes is in error or unjust.  He must be specific in what information he wants deleted and provide evidence to show the information is in error.  Therefore, this issue will not be discussed further in these Proceedings.

3.  He enlisted in the Regular Army on 6 December 1979.  He completed basic combat and advanced individual training and was awarded military occupational specialty 19K (M1 Armor Crewman).  He reenlisted on 27 October 1982, on
2 December 1986, and on 18 January 1990.

4.  On 11 May 1990, he was assigned to Company A, 3rd Battalion, 37th Armor.  He served in Saudi Arabia and received imminent danger pay from 7 January to 13 May 1991.

5.  On 16 January 1992, he was discharged.  He completed 12 years, 1 month, and 11 days of active service that was characterized as honorable.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry "Southwest Asia Service Medal w/2 Bronze Stars."  The bronze stars shown in this entry refer to bronze service stars that denote campaigns participated in.

7.  Item 13 also shows he was awarded or is authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal (3rd award)
* Overseas Service Ribbon "3"
* Humanitarian Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar
* Army Achievement Medal with 2nd Oak Leaf Cluster
* Army Commendation Medal 

8.  Human Resources Command's awards website indicates Company A, 3rd Battalion, 37th Armor received the Valorous Unit Award for the period 
24 -28 February 1991, by Department of Army General Order Number 27, dated 
27 December 1994.
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  The Kuwait Liberation Medal - Saudi Arabia 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 - Government of Kuwait 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.  His unit was awarded the Valorous Unit Award.  Therefore, this award should be added to his DD Form 214.

2.  In the entry "Southwest Asia Service Medal w/2 Bronze Stars"  the bronze stars refer to bronze service stars that denote campaigns participated in.  These are not Bronze Star Medals and he did not request to be awarded the Bronze Star Medal.  Correcting the entry to show bronze service stars will eliminate the confusion.  He served in Saudi Arabia from 7 January to 13 May 1991.  Therefore, he is authorized three bronze service stars to be worn on his Southwest Asia Service Medal.

3.  Based on his service in Saudi Arabia he is authorized the:

* Kuwait Liberation Medal - Government of Kuwait
* Kuwait Liberation Medal - Saudi Arabia


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 amending item 13 of his DD Form 214 as follows:

	a.  deleting the Southwest Asia Service Medal with two bronze stars

	b.  adding the:

* Valorous Unit Award
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Government of Kuwait
* Kuwait Liberation Medal - Saudi Arabia



      ____________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)                                         AR20110005331



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ABCMR Record of Proceedings (cont)                                         AR20110005331



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