IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120010724
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, in two separate applications, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards:
* Valorous Unit Award
* Southwest Asia Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Any other awards to which he may be entitled
2. The applicant states his DD Form 214 shows he was in combat operations in Desert Storm, but it does not show all of the awards he earned.
3. The applicant provides:
* DD Form 214
* Army Commendation Medal Certificate
* Operation Desert Storm Certificate
* Certificate of Desert Shield/Storm Participation
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 25 June 1987. He completed training as an armor crewman. He arrived in Germany on 1 November 1987. He departed Germany en-route to the United States on 28 October 1989.
3. On 9 October 1990, the applicant departed the United States en-route to Southwest Asia. He departed Southwest Asia en-route to the United States on 16 April 1991.
4. The applicant was released from active duty on 24 May 1991. He was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows the following awards:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge (Driver-T)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Army Lapel Button
5. His DD Form 214 also shows his last duty assignment and major command was Company B, 1st Battalion, 5th Cavalry, 1st Cavalry Division.
6. Department of the Army General Orders (DAGO) umber 27, dated 27 December 1994, announced award of the Valorous Unit Award to the 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division for extraordinary heroism while engaged in military operations during the period from 15 to 25 February 1991.
7. On 12 December 2011, the applicant was issued a DD Form 215 (Correction to DD Form 214) to add the Army Commendation Medal to the awards shown on his DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.
9. Army Regulation 600-8-22 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.
10. Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. DAGO show that the applicant's unit was awarded the Valorous Unit Award. Therefore, this award should be shown on his DD Form 214.
3. The applicant's records show he is also authorized the following awards:
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
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 amending his DD Form 214, dated 24 May 1991, to add the following awards:
* Valorous Unit Award
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* 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.
ABCMR Record of Proceedings (cont) AR20120010724
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