IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110006435 


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 Kuwait Liberation Medal, Army Commendation Medal, and Army Achievement Medal.

2.  The applicant states errors were made at the time of his discharge and he would like his record corrected for his family, and to gain access to Department of Veterans Affairs (DVA) benefits.

3.  The applicant provides a letter from the DVA, a map, and a notarized letter from his former first sergeant.

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.  Having prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 21 February 1989 and performed duties in military occupational specialty 12C (Bridge Crewmember).  He was assigned to 73rd Engineer Company, Fort Lewis, WA.  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.

3.  On 20 February 1993, he was honorably released from active duty for completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 4 years of creditable active service.  This form further shows in:

* Item 12f (Foreign Service) the entry "00  03  07"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Item 18 (Remarks) has no entry for service in a designated hostile fire pay/imminent danger pay area

4.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reserve/National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.

5.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia for the period 1 February 1991 to 3 May 1991.

6.  The applicant’s record is void of orders or any other documents that indicate he was ever recommended for or awarded the Army Commendation Medal or the Army Achievement Medal.

7.  The applicant provides:

* a map depicting his unit’s location during the Gulf War
* a letter from his former first sergeant attesting to his foreign service 
* a letter from the DVA confirming his service in Southwest Asia 

8.  Army Regulation 600-8-22 (Military Awards) states 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.
9.  Army Regulation 600-8-22 states 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.

10.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 states 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)

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Paragraph 2-4 (Completing the DD Form 214) of this regulation, in pertinent part, provides that all decorations, badges, citations, and campaign ribbons awarded and authorized for all period of service should be entered in item 13 of the form.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show award of the Kuwait Liberation Medal, Army Commendation Medal, and Army Achievement Medal has been carefully considered and found to have partial merit.

2.  The applicant 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.  Based on the foregoing, it would be appropriate to amend his DD Form 214 to show the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).

3.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of the Southwest Asia Service Medal.  Evidence also shows he participated in two campaigns while serving in Southwest Asia.  Therefore, he is entitled to correction of his DD Form 214 to show the Southwest Asia Service Medal with two bronze service stars.

4.  The applicant’s record fails to show and the applicant did not provide evidence which shows he was ever recommended for or received award of the Army Commendation Medal or Army Achievement Medal.  As a result, there is insufficient evidence to support granting this portion of his requested relief.

5.  The ABCMR does not grant requests solely for the purpose of making the applicant eligible for veterans benefits.  Every case is individually decided based upon its merits.  Additionally, the granting of veteran's benefits is not within the purview of the ABCMR.  Therefore, any questions regarding eligibility for benefits should be addressed to the DVA.

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 Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Kuwait), and the Southwest Asia Service Medal with two bronze service stars.

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 Army Commendation Medal and Army Achievement 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)                                         AR20110006435



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ABCMR Record of Proceedings (cont)                                         AR20110006435



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