IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20110024487
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 Bronze Star Medal.
2. The applicant states he was awarded the Bronze Star Medal for his service in Operation Desert Storm (ODS), but it is not recorded on his DD Form 214.
3. The applicant provides a copy of his award certificate, DD Form 214, and
DD Form 215 (Correction to DD Form 215) 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. The applicant had prior honorable enlisted service in the West Virginia Army National Guard (WVARNG) from 12 February 1982 through 29 June 1984.
3. The applicant was appointed as a Reserve commissioned officer in the WVARNG in the grade of second lieutenant on 30 June 1984. He was ordered to active duty from 31 October 1984 to 5 April 1985 and completed the Field Artillery Officer Basic Course.
4. The applicant was ordered to active duty in support of ODS on 9 December 1990.
5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:
a. item 5 (Oversea Service) - Saudi Arabia from 1 February through 10 May 1991; and
b. item 9 (Awards, Decorations and Campaigns) - "BSM."
6. Headquarters, VII Corps, Permanent Orders 68-18, dated 9 July 1991, awarded the applicant the Bronze Star Medal for meritorious achievement from
9 February to 1 March 1991.
7. The applicant's DD Form 214, corrected by a DD Form 215 dated 25 August 1992, shows the applicant entered active duty this period on 9 December 1990, was honorably released from active duty on 4 June 1991, and transferred to the WVARNG. He completed 5 months and 26 days of net active service this period that included 3 months and 10 days of foreign service. It shows in:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Army Lapel Button
* Humanitarian Service Medal
* Army Achievement Medal
* Army Reserve Components Achievement Medal (1st Oak Leaf Cluster)
* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal
b. item 18 (Remarks) shows he served in Southwest Asia from 1 February to 10 May 1991.
8. A review of the applicant's military personnel records shows he may be authorized additional awards that are not shown on his DD Form 214.
9. The applicant's DD Form 214 shows he was awarded the Kuwait Liberation Medal. However, it does not show he was awarded the Kuwait Liberation Medal (Saudi Arabia) or Kuwait Liberation Medal (Kuwait).
10. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. 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.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Bronze Star Medal.
2. The evidence of record shows the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). Thus, they should be properly shown on his DD Form 214.
3. In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.
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. deleting the "Kuwait Liberation Medal" from item 13 of his 4 June 1991 DD Form 214; and
b. adding to item 13 of his 4 June 1991 DD Form 214 the:
* Bronze Star Medal
* Kuwait Liberation Medal (Saudi Arabia)
* 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) AR20110024487
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024487
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130005645
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM) for his service in Saudi Arabia in support of Operation Desert Shield/Desert Storm (ODS). The applicant contends that his DD Form 214 should be corrected to show award of the SWASM for his service in support of ODS. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2002 | 2002071163C070402
The applicant states that her DD Form 214 does not show her dates of service in Southwest Asia from 11 January 1991 through 20 February 1991. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. Therefore, it would be appropriate to correct the applicant’s...
ARMY | BCMR | CY2012 | 20120017714
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia (SWA) during Operation Desert Shield/Storm (ODS) and all of his authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12, block f of his DD Form 214...
ARMY | BCMR | CY2013 | 20130019192
Application for correction of military records (with supporting documents provided, if any). The available evidence shows that the applicant served in Southwest Asia in support of ODS from 1 October 1990 to 27 March 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to his DD Form 214 the: * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Saudi-Arabia * Kuwait Liberation...
ARMY | BCMR | CY2012 | 20120021984
A DA Form 2-1, as provided by the applicant and filed in his Army Military Human Resource Record (AMHRR) indicates in Item 5 (Overseas Service) that he commenced temporary duty in Saudi Arabia on 31 January 1991. Army Regulation 600-8-22 (Military Awards): a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing in Item 12f of his DD Form 214: 00 04 00; b. adding in Item 13 of his DD Form 214: Southwest Asia...
ARMY | BCMR | CY2014 | 20140016739
A review of the applicant's military personnel records failed to reveal evidence that he was awarded the SWASM or the Kuwait Liberation Medals. The evidence of record shows the applicant deployed with his unit and served in SWA (Saudi Arabia, Iraq, and Kuwait) during the period 5 October 1990 through 4 April 1991. The evidence of record shows the applicant's service in support of ODS in SWA qualified him for award of the: a. SWASM and he participated in two campaigns during his service in SWA.
ARMY | BCMR | CY2014 | 20140011906
A review of her military personnel records failed to reveal evidence that she was awarded the Southwest Asia Service Medal or Kuwait Liberation Medals. The evidence of record is inconsistent with respect to the applicant's period of overseas service in Southwest Asia in that: * she claims service in December 1990 and January 1991 * the unit's history shows it deployed to Southwest Asia in the beginning of December 1990 * a medical record shows she was seen by a doctor in Germany on 24...
ARMY | BCMR | CY2009 | 20090003428
The applicant requests, in effect, correction to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 May 1991, to show award of the Army Commendation Medal with First Oak Leaf Cluster and the Kuwait Liberation Medal-Government of Kuwait. The evidence shows the applicant was awarded the Army Commendation Medal with First Oak Leaf Cluster for meritorious service from 1...
ARMY | BCMR | CY2012 | 20120003498
Application for correction of military records (with supporting documents provided, if any). The applicant provides a memorandum certifying his participation in ODS, an order for the Army Achievement Medal (1st Oak Leaf Cluster), a memorandum of eligibility for the Army Good Conduct Medal, and his DD Form 214 in support of his request. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct...
ARMY | BCMR | CY2014 | 20140014741
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and medals he earned to include the "Desert Storm Medal," Southwest Asia Service Medal, Kuwait Service Liberation Medal, and the Combat Medical Badge (CMB). A DA Form 1577 (Authorization for Issuance of Awards) issued by Department of the Army Personnel Center St. Louis on 17 August 1992 shows he was authorized and issued the following awards: * National Defense...