IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120006177
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 the Army Commendation Medal.
2. The applicant states the above award is not listed on his DD Form 214.
3. The applicant provides his 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's records show he enlisted in the Regular Army on 22 June 1988 and he held military occupational specialty 31M (Multichannel Communications System Operator). He executed a reenlistment on 23 November 1990 and he attained the rank/grade of specialist/E-4.
3. He served in Germany from January 1989 to October 1991 during which he deployed to Southwest Asia from 20 December 1990 to 30 April 1991.
4. Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record) shows the following awards and decorations:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* Army Commendation Medal
* National Defense Service Medal
* Overseas Service Ribbon
* Army Good Conduct Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Air Assault Badge
* Army Lapel Button
5. He was honorably released from active duty on 3 September 1992. His
DD Form 214 shows he was awarded or authorized the:
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* National Defense Service Medal
* Overseas Service Ribbon
* Army Lapel Button
* Air Assault Badge
* Army Good Conduct Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
6. Army Regulation 600-8-22 (Military Awards) states:
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 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. The applicant's DA Form 2-1 listed the Army Commendation Medal. The DA Form 2-1 was an official source document used to prepare the DD Form 214. Although his records are void of official orders awarding him the Army Commendation Medal the entry on his DA Form 2-1 is accepted as sufficient evidence to correct his DD Form 214 to show the award.
2. He served in Southwest Asia from 20 December 1990 to 30 April 1991. This is sufficient for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) and he is entitled to correction of his DD Form 214 to show these awards.
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 from his DD Form 214 the entry "Saudi Arabia Kuwait Liberation Medal"; and
b. adding to his DD Form 214 the Army Commendation Medal, Kuwait Liberation Medal (Saudi Arabia), and 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.
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