BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005938 


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 six awards, in lieu of five, of the Army Commendation Medal, one with a "V" Device. 

2.  The applicant states he was awarded six awards of the Army Commendation Medal, one of which was for valor.  

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Six certificates awarding him six awards of the Army Commendation Medal, one of which was for valor

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 enlisted in the Regular Army on 3 September 1985 and he held military occupational specialty 19K (M-1 Armor Crewman).  He served through multiple reenlistments in a variety of stateside and overseas assignments, including Southwest Asia from 7 January to 13 May 1991 and Germany from 3 March 1992 to 27 March 1994. 

3.  Permanent Orders (PO), listed below, awarded him six awards of the Army Commendation Medal as follows:

* PO Number 47-2, dated 16 March 1989, issued by Headquarters, 2nd Brigade, 1st Infantry Division, for meritorious achievement from 25 January to 19 February 1989 
* PO Number 40-34, dated 8 March 1990, issued by Headquarters, 2nd Brigade, 1st Infantry Division, for meritorious service from 10 March 1986 to 14 February 1990
* PO Number 007-039, dated 26 June 1991, issued by Headquarters, 2nd Brigade, 1st Infantry Division, for valor while with the 3rd Battalion, 37th Armor, on 25 February 1991 during Operation Desert Storm
* PO Number 002-034, dated 26 June 1991, issued by Headquarters, 2nd Brigade, 1st Infantry Division, for meritorious service from 17 January to 3 March 1991
* PO Number 231-06, dated 19 August 1994, issued by Headquarters, 1st Brigade, 1st Cavalry Division, for meritorious achievement from 11 July to 30 July 1994
* PO Number 010-016, dated 10 January 1995, issued by Headquarters, 1st Brigade, 1st Cavalry Division, for meritorious achievement from 28 October to 14 November 1994

4.  He was discharged on 29 March 1996.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Lapel Button
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (11th Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  On 26 December 2001, he was issued a DD Form 215 that deleted the Army Commendation Medal (2nd Award) and added the Army Commendation Medal (4th Oak Leaf Cluster or 5th Award). 

6.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) provides that 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 and 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.

8.  Department of the Army General Orders Number 27, dated 27 December 1994, awarded the 3rd Battalion, 37th Armor, the Valorous Unit Award for service from 24 to 28 February 1991. 

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him six awards of the Army Commendation Medal, one of which was for valor.  His DD Form 214 and the DD Form 215 that amended it listed only five awards of the Army Commendation Medal and inadvertently left off the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal (6th Award) and a "V" Device. 

2.  General orders awarded his unit of assignment in Southwest Asia the Valorous Unit Award which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The applicant served in Southwest Asia from 7 January to 13 May 1991.  He served a qualifying period for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  His DD Form 214 listed the Kuwait Liberation Medal; however, it is unclear which Government awarded him this medal.  Therefore, as a matter of clarity, this entry should be deleted from his DD Form 214 and both the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) should be added to his DD Form 214.

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:

* deleting from item 13 of his DD Form 214, as amended, the Kuwait Liberation Medal and the Army Commendation Medal (4th Oak Leaf Cluster)
* adding to item 13 of his DD Form 214 the Army Commendation Medal (6th Award) and "V" Device, Valorous Unit Award, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)



      _______ _   _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)                                         AR20110005938



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ABCMR Record of Proceedings (cont)                                         AR20110005938



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