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ARMY | BCMR | CY2011 | 20110005669
Original file (20110005669.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110005669 


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 award of the:

* Valorous Unit Award (VUA)
* Kuwait Liberation Medal - Saudi Arabia (KLM-SA)
* Kuwait Liberation Medal - Kuwait (KLM-KU)

2.  The applicant states these three awards were omitted from his military records.  He contends he was deployed with the 1st Battalion, 327th Infantry Regiment, 101st Airborne Division from 14 September 1990 to 10 April 1991.  He wants his DD Form 214 updated to include these awards.

3.  The applicant provides copies of his DD Form 214 and DD Form 215 (Correction to 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.  On 21 February 1985, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) indicates in:

	a.  Item 5 (Overseas Service): that he served in Saudi Arabia from 
15 September 1990 to 9 April 1991; and

	b.  Item 35 (Record of Assignments): that his last active duty assignment began on 6 January 1989 and was with Company D, 327th Infantry Regiment. until his subsequent release from active duty in 1991.

4.  On 16 August 1991, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of staff sergeant, pay grade E-6, and had completed 6 years, 
5 months, and 26 days of creditable active duty service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as previously corrected by DD Form 215, lists his awards as:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Sharpshooter Marksmanship Qualification Badge with TOW Gunner [Tank Weapons] Bar
* Overseas Service Ribbon
* Air Assault Badge
* National Defense Service Medal
* Army Commendation Medal
* Army Achievement Medal (three awards)
* Combat Infantryman Badge
* Southwest Asia Service Medal with two bronze service stars
* Army Lapel Button
* Army Good Conduct Medal (2nd Award)
* Bronze Star Medal
6.  Records show that Department of the Army General Orders Number 1, dated 31 March 1996, awarded the 1st Battalion, 327th Infantry Regiment the VUA for its action on 24 February 1991.

7.  Army Regulation 600-8-22 (Military Awards):

	a.  The KLM-SA 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.

	b.  The KLM-KU 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 applicant contends that his DD Form 214 should be corrected to show award of the VUA, KLM-SA, and the KLM-KU.

2.  The available evidence shows that the applicant served in Southwest Asia with the 1st Battalion, 327th Infantry Regiment during the period when it was awarded the VUA.  Therefore, this unit award should be shown on his DD Form 214.

3.  The applicant served during a qualifying period for award of the KLM-SA and the KLM-KU.  Therefore these two awards should be shown on his DD Form 214.

4.  In view of the above, the applicant's request should be granted.

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 showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the:

*  Valorous Unit Award (VUA)
* Kuwait Liberation Medal - Saudi Arabia (KLM-SA)
* Kuwait Liberation Medal - Kuwait (KLM-KU)



      _______ _   __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)                                         AR20110005669





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ABCMR Record of Proceedings (cont)                                         AR20110005669



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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