IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110011967 


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) for the period ending 15 May 1991 to show the Bronze Star Medal and the Southwest Asia Service Medal.  He also requests award of the Army Commendation Medal.

2.  The applicant states:

* The personnel office mishandled the recording of his awarded medals on his 201 file
* He received the Bronze Star Medal on 26 March 1991
* He served during Operation Desert Shield/Desert Storm and he received the Southwest Asia Service Medal
* In August 1991 his enlistment/duty with the military ended

3.  The applicant provides:

* Permanent orders for the Bronze Star Medal
* Reassignment orders
* Label for the Southwest Asia Service Medal medal set
* Release from active duty orders
* Ordered to active duty orders
* DA Form 638 (Recommendation for Award)
* Certification of annual training certificate


* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 March 1971
* DD Form 214 for the period ending 15 May 1991

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 active service in the Regular Army, the applicant was ordered to active duty from the U.S. Army Reserve (USAR) on 29 November 1990 in support of Operation Desert Shield/Desert Storm.  He served as a senior software analyst in Southwest Asia and he was honorably released from active duty on 15 May 1991 at the expiration of his term of service.  The DD Form 214 he was issued at the time shows in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show the Bronze Star Medal, Army Commendation Medal, or the Southwest Asia Service Medal
* Item 18 (Remarks) he served in Southwest Asia from 13 December 1990 to 25 April 1991

3.  Permanent Orders 085-054, issued by Headquarters, 416th Engineer Command, dated 26 March 1991, awarded the applicant the Bronze Star Medal for meritorious service for the period 29 November 1990 to 3 March 1991.

4.  There is no evidence of record and the applicant did not provide evidence that shows he was recommended for or awarded the Army Commendation Medal.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) only shows the National Defense Service Medal.


6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual
military decorations, Army Good Conduct Medal, service medals and ribbons,
combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  Service in the Persian Gulf War is recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield and Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 - 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 - 30 October 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 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.

7.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

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

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Southwest Asia, the applicant is entitled to the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Kuwait.  Therefore, his DD Form 214 for the period ending 15 May 1991 should be corrected to show these awards.

2.  Permanent orders awarded him the Bronze Star Medal.  Therefore, his
DD Form 214 for the period ending 15 May 1991 should be corrected to show this award.

3.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Army Commendation Medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

4.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


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 for the period ending 15 May 1991 the:

* Bronze Star Medal
* Southwest Asia Service Medal with three 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 Army Commendation 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)                                         AR20110011967



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ABCMR Record of Proceedings (cont)                                         AR20110011967



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