IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120002333 


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 following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 May 1991:

* Army Commendation Medal
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Government of Kuwait

2.  The applicant states these awards were awarded after his discharge.

3.  The applicant provides a certificate for the award of the Army Commendation Medal.

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.  He enlisted in the Nebraska Army National Guard (NEARNG) on 10 July 1972.

3.  He was ordered to active duty on 17 November 1990 in support of Operations Desert Shield/Desert Storm.

4.  On 9 May 1991, he was released from active duty.  He was issued a DD Form 214 for the period 17 November 1990 to 9 May 1991.

	a.  The following awards are not shown on his DD Form 214:

* Army Commendation Medal
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Government of Kuwait

	b.  Item 18 (Remarks) contains an entry indicating he served in Southwest Asia from 26 December 1990 to 16 April 1991.

5.  A DD Form 215 (Correction to DD Form 214) was issued on 27 December 1991 that shows he is authorized the Southwest Asia Service Medal with two bronze service stars.

6.  He provided a certificate for the award of the Army Commendation Medal.  This certificate awarded him the Army Commendation Medal for the period 10 July 1972 to 1 February 1993.  It was awarded on 5 August 1993 on Nebraska Military Department undated Permanent Order Number 9-6.

7.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.

8.  The DMDC Desert Shield/Storm Data Base shows he participated in theater during the period 1 January 1991 to 26 April 1991.

9.  On 1 February 1993, he was discharged from the NEARNG and transferred to the U.S. Army Reserve Control Group (Reinforcement).  On 16 January 2012, he was transferred to the Retired List.


10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Kuwait Liberation Medal-Saudi Arabia 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-Government of Kuwait 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.

11.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It also states all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

DISCUSSION AND CONCLUSIONS:

1.  The DMDC Desert Shield/Storm Data Base and the entry in item 18 of his DD Form 214 indicate he served in Southwest Asia from 26 December 1990 to 16 April 1991.  Therefore, he is authorized the:

* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Government of Kuwait

2.  All decorations, service medals, campaign credits, and badges awarded or authorized as of the date of separation were to be entered on the DD Form 214.

3.  His Army Commendation Medal was awarded on 5 August 1993, over 2 years after his release from active duty.  The award also covered a period that ended over 1 year after his release from active duty.  Therefore, his Army Commendation Medal would not be included on his DD Form 214 with a separation date of 9 May 1991.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 with a separation date of 9 May 1991 by adding the:

* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Government of Kuwait 

2.  The Board further determined 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 the Army Commendation Medal.



      ____________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)                                         AR20120002333



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ABCMR Record of Proceedings (cont)                                         AR20120002333



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