IN THE CASE OF:	  

		BOARD DATE:  10 April 2012  

		DOCKET NUMBER:  AR20110019406 


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, in effect, correction of his Army DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all decorations and awards he should have received for his service in Operation Desert Shield/Storm and issuance of those decorations and awards. 

2.  He states he served in the 1229th Transportation Company, Maryland Army National Guard (MDARNG), during the same period as others who were awarded decorations he did not receive, but should have been awarded even though he retired.

3.  He provides no documentation in support of his request.

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.  With prior service in the U.S. Navy and U.S. Navy Reserve, on 10 April 1976, the applicant enlisted in the MDARNG, where he served until he was honorably discharged and transferred to the Retired Reserve on 1 December 1995.

3.  On 9 April 1986, he completed 10 consecutive years of service in the MDARNG during each of which he had accumulated more than 50 points toward eligibility for retired pay.

4.  On 17 November 1990, he entered active duty in support of Operation Desert Shield/Storm.  On 9 June 1991, he was honorably released from active duty (REFRAD).  His DD Form 214 for this period shows he was awarded or authorized the:

* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 4
* Army Reserve Components Achievement Medal with one oak leaf cluster
* Armed Forces Reserve Medal (AFRM)
* Meritorious Service Medal
* Marksman Marksmanship Qualification Badge (M-16 Rifle)
* National Defense Service Medal with one bronze service star
* Southwest Asia Service Medal (SWASM) with one bronze service star
* Driver and Mechanic Badge with device

5.  Item 18 of his DD Form 214 shows he served in Southwest Asia from 8 January to 18 May 1991.

6.  Army Regulation 600-8-22 (Military Awards) states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  

	a.  The conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  

   b.  The Ten-Year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each 10-year period of Reserve Component service.  The first 10-year period is denoted by a bronze hourglass.  The “M” Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

7.  Army Regulation 600-8-22 states 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)

8.  Army Regulation 600-8-22 states 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.

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

DISCUSSION AND CONCLUSIONS:

1.  The record shows he was called to active duty during a mobilization designated by the Secretary of Defense, making him eligible to wear the "M" Device on his previously-awarded AFRM.  When he was REFRAD on 9 June 1991, he had also completed 10 years of Reserve Component service qualifying him to wear the bronze Ten-Year Device on the AFRM.  Therefore, he is entitled to correction his DD Form 214 to show the AFRM with bronze Ten-Year Device and "M" Device.

2.  He was awarded the SWASM and served in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded SWASM.

3.  He served a qualifying period of service for the KLM-SA and KLM-KU.  Therefore, his DD Form 214 should be corrected to show these medals.


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:

   a.  making the following deletions from and additions to item 13 of his DD Form 214 for the period ending 9 June 1991:

		(1)  delete the AFRM and SWASM with one bronze service star and

		(2)  add:

* AFRM with bronze Ten-Year Device and with "M" Device
* SWASM with three bronze service stars
* KLM-SA
* KLM-KU

b.  issuing these awards to him.



      _______ _   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)                                         AR20110019406





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019406



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1