IN THE CASE OF:	  

		BOARD DATE:	  	  21 January 2009

		DOCKET NUMBER:  AR20080008057 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add an Army Commendation Medal and three awards of the Army Achievement Medal.

2.  The applicant states the above awards were never documented on her DD Form 214.

3.  The applicant provides a copy of her DD Form 214 with an effective date of
18 July 1995; DA Form 638-1 (Test) (Recommendation for Award of LM [Legion of Merit] and Below), dated 19 March 1991; DA Form 4980-14 (Army Commendation Medal Certificate), dated 13 June 1991; and three DA Forms 4980-18 (Army Achievement Medal Certificates), dated 1 January 1994, 1 May 1994, and 12 April 1995.

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 military personnel records show she enlisted in the U.S. Army Reserve for a period of 8 years on 8 September 1989 and entered the Delayed Entry Program (DEP).  She was discharged from the DEP on 30 October 1989 and enlisted in the Regular Army (RA) on 31 October 1989 for a period of
4 years.  Upon completion of basic combat and advanced individual training, she was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).

3.  On 19 July 1993, the applicant reenlisted in the RA for a period of 2 years.  She was assigned overseas and served in Saudi Arabia from 16 October 1990 to 21 April 1991 while assigned to Company B, 27th Main Support Battalion, 1st Cavalry Division.

4.  The applicant’s military personnel records contain a DA Form 2-1 (Personnel Qualification Record).  Item 9 (Awards, Decorations and Campaigns) shows she was awarded the Army Commendation Medal, Army Achievement Medal
(2 Awards), National Defense Service Medal, Southwest Asia Service Medal with 2 bronze service stars, Army Service Ribbon, Driver and Mechanic Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.  This item also shows the applicant participated in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns.  Item 33 (Date), in pertinent part, shows the applicant reviewed the DA Form 2-1 on 31 January 1995.

5.  The applicant's military personnel records contain a DA Form 683-1, dated
19 March 1991, that shows she was recommended for award of the Army Commendation Medal for meritorious service during the period 17 January 1991 to 31 March 1991.  This document shows, in pertinent part, that the applicant provided extremely vital transportation support to the 1st Cavalry Division during Operation Desert Storm while accumulating in excess of 13,000 miles.  The
DA Form 638-1 also shows that the Commander, Division Support Command, 1st Cavalry Division, approved the award of the Army Commendation Medal.  The DA Form 638-1 further shows that the award was announced per Headquarters, 1st Cavalry Division, AFUA-SC-S1, Permanent Order Number
20-221, dated 16 April 1991.


6.  The applicant’s military personnel records contain a DD Form 214 that shows she entered active duty on 31 October 1989 and was honorably released from active duty on 18 July 1995, under the provisions of Army Regulation 635-200 
(Personnel Separations - Enlisted Personnel), chapter 4 (Separation for Expiration of Service Obligation), based on completion of required active service. At the time she had completed 5 years, 8 months, and 18 days of net active service this period.  Item 12 (Record of Service), block f (Foreign Service), shows she completed 6 months and 6 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)  shows she was awarded the National Defense Service Medal, Southwest Asia Service Medal "(3rd Award)," Army Service Ribbon, Kuwait Liberation Medal, Driver and Mechanic Badge with Driver-W Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button.  Item 18 (Remarks), in pertinent part, shows she served in Southwest Asia from              16 October 1990 to 21 April 1991.

7.  In support of her application, the applicant provides the following documents.

     a.  Army Commendation Medal Certificate, dated 13 June 1991, issued under authority of the Commander, Division Support Command, 1st Cavalry Division, that shows the applicant was awarded the Army Commendation Medal for exceptionally meritorious achievement for service as a Wheeled Vehicle Driver during Operation Desert Storm from 17 January 1991 to 31 March 1991.

     b.  Army Achievement Medal Certificate, dated 1 January 1994, issued under authority of Headquarters, 27th Main Support Battalion, Fort Hood, Texas, Permanent Order Number 12-16, which shows she was awarded the Army Achievement Medal for meritorious service as a Heavy Wheeled Vehicle Operator.

     c.  Army Achievement Medal Certificate, dated 1 May 1994, issued under authority of Headquarters, 27th Main Support Battalion, Fort Hood, Texas, Permanent Order Number 04-43, which shows she was awarded the Army Achievement Medal for exceptionally meritorious achievement as a Medical Wheeled Vehicle Operator in support of the 1st “Ironhorse” Brigade, National Training Center Rotation 94-06.  (It is noted that the applicant’s first name is incorrectly recorded on this award certificate.)






     d.  Army Achievement Medal Certificate, dated 12 April 1995, issued under authority of Headquarters, 27th Main Support Battalion, Fort Hood, Texas, Permanent Order Number 02-03, which shows she was awarded the Army Achievement Medal for exceptionally meritorious service as a Heavy Wheeled Vehicle Operator.

8.  A review of the applicant's military personnel records reveals that she may be authorized additional awards that are not shown on her DD Form 214.

9.  A review of the U.S. Army Human Resources Command, Military Awards Branch, Listing of Approved Unit Awards, available via the Internet at:
https://www.hrc.army.mil/site/active/TAGD/awards/Unit_Awards/unit_awards.htm
revealed that while assigned to Company B, 27th Main Support Battalion,
1st Cavalry Division, the applicant’s unit was awarded the Meritorious Unit Commendation for the period 28 September 1990 to 18 April 1991 per Headquarters, Department of the Army, General Order Number 27, dated
27 December 1994.

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by her chain of command from receiving the Good Conduct Medal and her records do not contain any adverse information.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/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 to 16 January 1991), Liberation and Defense of Kuwait (17 January to 11 April 1991), and/or Cease-Fire Campaign (12 April 1991 to 30 November 1995).




13.  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.

14.  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.

15.  Army Regulation 600-8-22 provides, in pertinent part, that 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, distinguished 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.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, an announcement in orders are required.

17.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote each additional succeeding award of certain decorations, among which is the Army Achievement Medal.

18.  Army Regulation 600-8-22, Table 3-2 (Steps for Preparing and Processing Awards Using the DA Form 638, Recommendation for Award), Step 35, instructs processing officials to send one copy of the DA Form 638 and accompanying Award Certificate to the Official Military Personnel File (OMPF) for filing.

19.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records), Table 2-1 (Composition of the OMPF), Awards and Decorations section, lists the DA Form 638 and DA Form 638-1 as documents authorized for filing in the Commendatory and Discipline section of the OMPF.  The Table provides that a copy of the award citation will be filed when not included in the award order; ensure the order number from Block 25a of the DA Form 638-1 is 

annotated on the certificate below the approval authority’s signature block; and hand-write the Soldier’s Social Security Number at the upper right hand corner of the certificate prior to forwarding to the OMPF.

20.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter
2 contain guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, or any other document authorized for filing in the OMPF.

21.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214.  The instructions for completing Item 13 state that the awards entered will be for all periods of service and instructs the preparing official to check the Soldier's service records for the validity of awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her discharge document should be corrected to show award of the Army Commendation Medal and three awards of the Army Achievement Medal.

2.  The evidence of record shows that Permanent Orders awarded the applicant the Army Commendation Medal.  Therefore, it would be appropriate to correct her DD Form 214 to show this award.

3.  The evidence of record shows that the applicant reviewed her Personnel Qualification Record on 31 January 1995 and Item 9, in pertinent part, confirmed she was authorized two awards of Army Achievement Medal at that time.  The evidence of record also shows the applicant was awarded the Army Achievement Medal by Permanent Orders on three separate occasions (i.e., 1 January 1994,
1 May 1994, and 12 April 1995).  In view of the foregoing, the preponderance of evidence in this case supports the applicant’s claim that she received three awards of the Army Achievement Medal.  Therefore, it would be appropriate to correct her records to show the Army Achievement Medal with two oak leaf clusters.


4.  Records show the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct her records to show award of the Good Conduct Medal.

5.  Records show the applicant served in Southwest Asia from 16 October 1990 to 21 April 1991 and she was authorized the Southwest Asia Service Medal.  The evidence of record also shows the applicant participated in 3 campaigns
(i.e., Defense of Saudi Arabia, Liberation and Defense of Kuwait, and Cease-Fire Campaign) while serving in Southwest Asia.  Therefore, it would be appropriate to correct her DD Form 214 to show this service medal with the appropriate number of bronze service stars for her participation in three campaigns.

6.  The evidence of record shows that Item 13 of the applicant’s DD Form 214, in pertinent part, shows award of the Kuwait Liberation Medal.  The evidence of record also shows that the Kuwait Liberation Medal awarded by the Kingdom of 
Saudi Arabia was approved on 3 January 1992 and the Kuwait Liberation Medal 
awarded by the Government of Kuwait was approved on 9 November 1995. Thus, it is reasonable to conclude that the Kuwait Liberation Medal recorded on the applicant’s DD Form 214, with an effective date of 18 July 1995, represents the Kuwait Liberation Medal (Saudi Arabia).  In this regard, records show the applicant also qualified for award of the Kuwait Liberation Medal (Kuwait).  Therefore, in view of the foregoing, it would be appropriate to correct her records to show this foreign service medal. 

7.  Records show that General Orders awarded the applicant’s unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct her records to show this unit award.

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.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 31 October 1989 to 30 October 1992;

     b.  deleting from Item 13 of her DD Form 214 the Southwest Asia Service Medal (3rd Award) and Kuwait Liberation Medal; and

     c.  adding to Item 13 of her DD Form 214 the Army Commendation Medal, Army Achievement Medal with two oak leaf clusters, Army Good Conduct Medal, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Meritorious Unit Commendation.



      ___________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)                                         AR20080008057



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ABCMR Record of Proceedings (cont)                                         AR20080008057



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