IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110019530
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 4 December 1991 to add award of the Valorous Unit Award (VUA), Kuwait Liberation Medal-Saudi Arabia (KLM-SA), and Kuwait Liberation Medal-Kuwait (KLM-KU).
2. The applicant states he is eligible for the awards based on his service in Southwest Asia (SWA) with the 6th Battalion, 41st Field Artillery (FA) Regiment.
3. The applicant provides Department of the Army General Orders (DAGO) Number 27, dated 27 December 1994, and a letter of continuity for award purposes in support of his application.
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's record shows he enlisted in the Regular Army on 9 November 1988 and was trained in and awarded military occupational specialty (MOS) 13B (Cannon Crewman). It also shows he was promoted to specialist (SPC) on 9 January 1991 and this is the highest rank he attained and served in on active duty.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in SWA from 15 December 1990 through 28 April 1991. Item 35 (Record of Assignments) shows that during his SWA service, he was assigned to the 6th Battalion, 41st FA Regiment, performing duties in MOS 13B as an FA crewman.
4. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 does not include the VUA, KLM-SA, or KLM-KU in the list of awards entered.
5. On 4 December 1991, the applicant was honorably released from active duty (REFRAD) in the rank of SPC/E-4 after completing 3 years and 26 days of active military service. The DD Form 214 he was issued upon his REFRAD shows he earned the following awards:
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* SWA Service Medal (SWASM) with two bronze service stars
* Army Good Conduct Medal
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Parachutist Badge
6. Item 18 (Remarks) of the applicant's 4 December 1991 DD Form 214 contains an entry confirming he served in SWA from 15 December 1990 through 28 April 1991.
7. DAGO Number 27, dated 27 December 1994, awarded the VUA to the 6th Battalion, 41st FA Regiment, for the period 23 to 26 February 1991.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-14 contains guidance on the SWASM. it states a bronze service star is authorized for each campaign a member is credited with participating in while serving in SWA. Appendix B contains a list of campaigns and shows that during the applicant's tenure of assignment in SWA, participation credit was granted for the following three campaigns:
* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* SWA Cease-Fire (12 April 1991-30 November 1995)
9. Paragraph 9-14 of Army Regulation 600-8-22 contains guidance for the
KLM-SA. It states it is authorized to be awarded to members who served in SWA and participated in Operation Desert Storm between 17 January 1991 and 28 February 1991.
10. Paragraph 9-15 of Army Regulation 600-8-22 contains guidance on the KLM-KU. It states it is authorized to be awarded to members who served in SWA in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
The applicant's request to add the VUA, KLM-SA, and KLM-KU to his DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms that based on his service and campaign participation in SWA, the applicant is eligible for the VUA, KLM-SA, KLM-KU, and three bronze service stars with his SWASM. Therefore, these awards should be added to his record and 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 the evidence presented is 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 amending his DD Form 214 be deleting the current SWASM entry and replacing
it with the SWASM with three bronze service stars and by adding the VUA,
KLM-SA, and KLM-KU.
___________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.
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