BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110009339 


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 Commendation Medal (ARCOM) with a Silver Oak Leaf Cluster and a combat service ribbon(s). 

2.  The applicant states when he returned to Fort Bliss, Texas from Saudi Arabia, he volunteered to serve on three funeral details.  For this service he was awarded the ARCOM with a Silver Oak Leaf Cluster.  He remembers that his uniform has six ribbons, but for some reason these two awards are missing from his DD Form 214.  He also states he received paperwork informing him that he was supposed to have received the "Liberation of Saudi Arabia Medal.”  He is confused and would like an explanation.

3.  The applicant provides a copy of 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.  On 29 August 1990, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 16S (Man Portable Air Defense Systems Crewman).

3.  On 22 January 1991, the applicant was assigned to Headquarters and Headquarters Troop, 3rd Armored Cavalry Regiment, located at Fort Bliss, Texas.

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows that he served in Saudi Arabia from           17 February to 7 April 1991.

5.  On 8 April 1991, the applicant was assigned to Battery B, 5th Battalion, 62nd Air Defense Artillery, located at Fort Bliss, Texas.

6.  On 27 February 1992, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of private first class, pay grade E-3, and had completed 1 year, 5 months, and 29 days of creditable active duty service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Southwest Asia Service Medal (SWASM) with one bronze service star
* Kuwait Liberation Medal

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

	a.  The ARCOM 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.  A silver oak leaf cluster represents five awards of the ARCOM.

	b.  The SWASM 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)

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

9.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM with a Silver Oak Leaf Cluster and a combat service ribbon(s).
2.  There are no available general orders showing that the applicant was awarded one or more ARCOM's.  Furthermore, the applicant has not provided any documentary evidence to support such an award.  Therefore, this portion of his request should be denied.

3.  While the available evidence is insufficient for awarding the applicant the ARCOM, this in no way affects his right to pursue his claim for the decoration by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4  The evidence clearly shows the applicant served during the Liberation and Defense of Kuwait campaign.  Therefore, he was authorized the SWASM with one bronze service star.  Based on this service, he is also authorized the KLM-SA and the KLM-KU.  It appears that these two foreign awards are the combat service ribbons the applicant refers to in his request.  They both should be shown on his DD Form 214.

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:

	a.  deleting from his DD Form 214 the Kuwait Liberation Medal; and

	b.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include the Kuwait Liberation Medal (KLM-SA) and the Kuwait Liberation Medal (KLM-KU).





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 one or more Army Commendation Medals.




      _______ _  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)                                         AR20110009339





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