IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002104
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 the Overseas Service Ribbon (OSR), Kuwait Liberation Medal Kuwait (KLM-K), and Meritorious Unit Commendation (MUC), and Army Commendation Medal (ARCOM) be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states she should be awarded the OSR and the KLM-K. She also states that she was awarded the ARCOM and all members of her unit were awarded the MUC and they were not added to her DD Form 214.
3. The applicant provides a one-page letter explaining her application and a copy of her 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 applicants 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 applicants 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 12 October 1989 for a period of 3 years. She completed the training requirements, was awarded military occupational specialty 88H (Cargo Specialist), and she was assigned to the 155th Transportation Company at Fort Eustis, VA.
3. She deployed to Southwest Asia (SWA) from 12 December 1990 to
15 January 1991 (33 days) with the 155th Transportation Company and the unit was awarded the MUC for the period of service from 1990 1991.
4. On 17 March 1993, she was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b (3), due to physical disability with severance pay. She had served 3 years, 5 months, and 6 days of active service and her DD Form 214 shows that she was awarded the Army Service Ribbon, National Defense Service Medal, SWA Service Medal, Army Good Conduct Medal, and marksmanship badges.
5. A review of her official records failed to show any orders or evidence that she was awarded the ARCOM.
6. Army Regulation 600-8-22 (Military Awards) states the ARCOM 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, distinguishes 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.
7. Army Regulation 600-8-22 states the OSR is awarded for successful completion of overseas tours. The OSR may be granted if a Soldier served at least 8 months and 16 days on his/her tour in SWA.
8. Army Regulation 600-8-22 also 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 applicants contention that her ARCOM should be added to her DD Form 214 has been noted and appears to lack merit. The applicant has not provided any evidence and her records do not contain any evidence to show that she was awarded the ARCOM. Therefore, in the absence of such evidence, there does not appear to be any basis to add that award to her DD Form 214.
2. The applicants contention that the OSR should be added to her DD Form 214 has also been noted and appears to lack merit. She served only 33 days in SWA and she does not qualify for award of the OSR. Therefore, there is no basis to add the OSR to her DD Form 214.
3. However, the applicants unit was awarded the MUC during the period she served with the unit in SWA and she is entitled to have this award added to her DD Form 214.
4. Additionally, the applicant served in SWA during a qualifying period for award of the KLM-K and this award should be added to her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the KLM-K and MUC to her DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the OSR and ARCOM to her DD Form 214.
_______ _ _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) AR20120002104
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ABCMR Record of Proceedings (cont) AR20120002104
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