IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110006133
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:
* Army Achievement Medal
* Combat Infantryman Badge
* Kuwait Liberation Medal
* Southwest Asia (SWA) Service Medal
* Iraq Campaign Medal
2. The applicant states he was awarded the Army Achievement Medal and served in SWA from 25 August 1990 to 23 March 1991.
3. The applicant provides his DD Form 214, an award certificate, a letter, and six pages of the history of the 15th Infantry Regiment.
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 applicants 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 applicants 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 records show he enlisted in the Regular Army on 12 June 1989 and he held military occupational specialty 11M (Fighting Vehicle Infantryman). He was assigned to Company D, 3rd Battalion, 15th Infantry Regiment, 24th Infantry Division, Fort Stewart, GA.
3. He deployed with his unit to SWA in support of Operation Desert Storm from 25 August 1990 to 23 March 1990.
4. Permanent Orders Number 13-1, dated 18 April 1990, issued by Headquarters, 3rd Battalion, 15th Infantry Regiment, awarded him the Army Achievement Medal for the period 19 to 28 January 1990.
5. Permanent Orders Number 7-37, dated 18 March 1991, issued by Headquarters, 24th Infantry Division, awarded him the Combat Infantryman Badge for engaging in active ground combat in SWA on 28 February 1991.
6. He was honorably released from active duty on 11 June 1991 and he was transferred to the U.S. Army Reserve. He completed 2 years of creditable active service.
7. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Tank Weapon Bar.
8. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. The SWA 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, 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, 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.
d. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The period of eligibility begins on or after 19 March 2003.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Army Achievement Medal and the Combat Infantryman Badge which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. The evidence of record shows he served in SWA from 25 August 1990 to 23 March 1991 and he participated in two campaigns during his service in SWA. Therefore, he is entitled to award of the SWA Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait, and correction of his DD Form 214 to show these awards.
3. With respect to award of the Iraq Campaign Medal, the applicant did not serve during a qualifying period for this award. Therefore, he is not entitled to this award.
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 adding to item 13 of his DD Form 214 the:
* Army Achievement Medal
* Combat Infantryman Badge
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-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 Iraq Campaign Medal.
________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) AR20110006133
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