BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120009639 


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 an additional Army Achievement Medal, Meritorious Unit Commendation for Southwest Asia, Kuwait Liberation Medal, and a second Overseas Service Ribbon.

2.  The applicant states he was assigned to the 295th Supply Company when it was awarded the Meritorious Unit Commendation.  The Kuwait Liberation Medal and the second Overseas Service Ribbon were not awarded prior to his discharge.

3.  The applicant provides copies of his DD Form 214 and Army Achievement Medal Certificate for the period 31 May 1984 through 28 June 1988.

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 enlisted in the Regular Army on 1 October 1984.  He completed training as a construction equipment repairman and was stationed in Hawaii with a construction battalion until August 1988 when he joined the 295th Supply Company at Fort Lewis, Washington.  He served with 295th Supply Company for the remainder of his active duty service and deployed with this unit for the First Gulf War.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  block 5 (Overseas Service), service in Hawaii for 41 months during the period February 1985-August 1988 and in Saudi Arabia for 10 months of temporary duty (TDY) during the period November 1990-September 1991; and

	b.  block 9 (Awards, Decorations, and Campaigns), he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, Army Superior Unit Award, National Defense Service Medal, Army Service Ribbon, Army Commendation Medal (1st Award), Driver and Mechanic Badge with Mechanic Bar, Army Good Conduct Medal (2nd Award), Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Army Achievement Medal, Southwest Asia Service Medal with two bronze service stars, and one overseas service bar.

4.  The only award orders in the applicant's records are for the Driver and Mechanic Badge, Army Good Conduct Medal (two awards), Army Commendation Medal for the period August-September 1985, and Army Achievement Medal for the period 21-22 February 1989.

5.  On 28 May 1992, the applicant was honorably discharged in the rank of staff sergeant due to the expiration of his term of service.  His DD Form 214 lists his awards as the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Kuwait Liberation Medal, Southwest Asia Service Medal with two bronze service stars, Mechanic Badge, Overseas Service Ribbon, Army Good Conduct Medal (2nd Award) Noncommissioned Officer Professional Development Ribbon, Army Achievement Medal, Army Commendation Medal, Army Superior Unit Award, and Marksman Marksmanship Qualification Badge with Rifle Bar.

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

	a.  Commencing 1 August 1981, the Overseas Service Ribbon was authorized for all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.  Army Regulation 614-30 (Overseas Service), table 3-2, rule 8, provides that Soldiers who serve 9 continuous months in a temporary change of station or TDY status in areas where unaccompanied tour length is up to 18 months or in isolated areas where tour lengths have not been established are credited with tour completion.

	b.  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.

	c.  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.

	d.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  According to the U.S. Army Human Resources Command Website's list of previously-approved unit awards, the 295th Supply Company was awarded the Meritorious Unit Commendation for the period 11 October 1990-6 October 1991 by Department of the Army General Orders Number 27, dated December 1994.

	e.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was assigned to the 295th Supply Company when it was awarded the Meritorious Unit Commendation.  Further, the Kuwait Liberation Medal and the second Overseas Service Ribbon were not awarded before his discharge and an Army Achievement Medal was omitted from his DD Form 214.

2.  The Kuwait Liberation Medal listed on the applicant's DD Form 214 is an incomplete entry since there are two foreign awards bearing that name and the applicant is authorized both.  Therefore, the Kuwait Liberation Medal should be deleted and the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait should be entered.

3.  He served more than 9 months in an isolated area where overseas tour lengths had not been established.  He is credited with a tour completion and authorized the Overseas Service Ribbon (2nd Award).

4.  The 295th Supply Company, the applicant's unit while deployed during the First Gulf War, was awarded the Meritorious Unit Commendation.  It should be added to his DD Form 214.

5.  His Expert Marksmanship Qualification Badge with Grenade Bar is not shown on his DD Form 214.  It should be added.

6.  Unfortunately, there are no orders to confirm the Army Achievement Medal Certificate that the applicant submitted with his application.  While the authenticity of that document is not questioned, orders are essential for all personal decorations.

7.  In view of the foregoing findings and conclusions, the applicant's record should be corrected as recommended below.

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:

	a.  deleting award of the Kuwait Liberation Medal and Overseas Service Ribbon from his DD Form 214 and

	b.  adding award of the Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Overseas Service Ribbon (2nd Award), Meritorious Unit Commendation, and Expert Marksmanship Qualification Badge with Grenade Bar to his DD Form 214.

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 adding a second award of the Army Achievement Medal to his 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)                                         AR20120009639



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ABCMR Record of Proceedings (cont)                                         AR20120009639



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