IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110016063 


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 that his award of the Army Commendation Medal, Valorous Unit Award, Southwest Asia Service Medal, and the Kuwait Liberation Medal, be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states because he was on "Stop Loss" he was out processed very quickly, his records never got squared away, and the awards were omitted from his DD Form 214.

3.  The applicant provides copies of two pages of General Order 12 (showing award of the Valorous Unit Award), an Award Certificate for the Army Commendation Medal, and 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.  The applicant enlisted in the Regular Army on 13 September 1988, completed training, and was awarded the military occupational specialty 13B (Cannon Crewmember).

3.  Upon completion of training, the applicant was reassigned to the Service Battery, 3rd Battalion, 1st Field Artillery in Germany and participated in Operation Desert Shield/Desert Storm from 17 January 1991 to 4 April 1991.  

4.  The applicant was released from active duty in pay grade E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 1 April 1991.  

5.  Department of the Army General Order 12, 1994 awarded members of the 3rd Battalion, 1st Field Artillery Regiment the Valorous Unit Award for heroism while engaged in military operations during the period 24 - 28 February 1991.

6.  The record contains an Army Commendation Medal award recommendation.  The achievement section notes the applicant successfully drove over 200 miles in a combat zone and during combat operations without an accident or incident.  The Army Commendation Medal award was approved under Permanent Orders Number 11-3, dated 4 April 1991. 

7.  The award certificate for the Army Commendation Medal, dated 2 April 1991, shows the applicant received this award for service during Operation Desert Storm while attached to the 3rd Battalion, 1st Field Artillery Regiment, from 2 March 1991.   

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. It provides the following:

	a.  effective 12 March 1991, the Southwest Asia Service Medal was authorized for award to members of the United States armed forces who participated in Operations Desert Shield and Desert Storm in the designated area between 2 August 1990 and 30 November 1995;

	b.  a bronze service star is authorized each of the designated campaign periods, Defense of Saudi Arabia, 2 August 1990 - 16 January 1991; Liberation and Defense of Kuwait, 17 January - 11 April 1991; Southwest Asia Cease-Fire, 12 April 1991 - 30 November 1995; 

	c.  Kuwait Liberation Medal-Saudi Arabia is awarded to members of the Armed Forces of the U.S. who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991 in one or more of the following areas: the Arabian Gulf; the Red Sea; the Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates; and

	d.  the Kuwait Liberation Medal-Kuwait, awarded by the Government of Kuwait, is authorized to military personnel who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993 in one or more of the following areas: the Arabian Gulf; the Red Sea; the Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates.

DISCUSSION AND CONCLUSIONS:

1.  Since the Army Commendation Medal, Southwest Asia Service Medal, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Valorous Unit Award authorization or award actions were not completed or accomplished until after the date the applicant's DD Form 214 was prepared, they were not included on his DD Form 214.

2.  While the award actions were not completed until after the applicant was released from active duty, he is still entitled to have these awards included on his DD Form 214. 

3.  The applicant served during the Liberation and Defense of Kuwait campaign (17 January-11 April 1991) and is entitled to wear a bronze service star on his Southwest Asia Service Medal.

4.  Therefore, it is appropriate to correct the applicant's records to show the applicant was also awarded or authorized the Army Commendation Medal, Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Valorous Unit Award in addition to the awards shown on 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 that the evidence presented was 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 showing that, in addition to the awards shown on his DD Form 214, the applicant was also awarded the Army Commendation Medal, Valorous Unit Award, Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal - Saudi Arabia, and the 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)                                         AR20110016063





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ABCMR Record of Proceedings (cont)                                         AR20110016063



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