IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120011578
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 following awards:
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Army Achievement Medal (3rd Award)
* Army Commendation Medal
2. The applicant states his first two Army Achievement Medals and the Army Commendation Medal were overlooked when he signed his DD Form 214. The Army Commendation Medal may have been awarded after he signed his DD Form 214 and the third Army Achievement Medal was awarded after his expiration of term of service (ETS). The Kuwait Liberation Medals were awarded by the governments of Saudi Arabia and Kuwait 4 years after his ETS from the Mississippi Army National Guard.
3. The applicant provides his DD Form 214, Permanent Orders 135-2, three Army Achievement Medal Certificates, Army Commendation Medal Certificate, three DA Forms 638 (Recommendation for Award), and a deployment memorandum.
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 applicants records show he enlisted in the Regular Army on 3 December 1987 and he held military occupational specialty 95B (Military Police (MP)). He was assigned to the 110th MP Company, Germany.
3. Permanent Orders (PO) 135-1, dated 6 December 1989, issued by Headquarters, 3d Ordnance Battalion, Germany, awarded him the Army Achievement Medal for meritorious achievement from 3 March through 28 September 1989.
4. He was subsequently assigned to Headquarters and Headquarters Detachment (HHD), 503d MP Battalion, Fort Bragg, NC. He served in Southwest Asia from 28 August 1990 to 3 April 1991 while assigned to HHD, 503d MP Battalion.
5. PO Number 19-3, dated 19 March 1991, issued by Headquarters (HQ), 503d MP Battalion, awarded him the Army Achievement Medal (2nd Award) for exceptionally meritorious service during Operations Desert Shield/Desert Storm from 29 August 1990 to 16 March 1991.
6. PO Number 94-16, dated 14 November 1991, issued by HQ, 16th MP Brigade, awarded him the Army Commendation Medal for exceptionally meritorious service from 1 June 1990 to 29 November 1991.
7. He was honorably released from active duty on 29 November 1991 and he was transferred to the 162d MP Company, Mississippi Army National Guard, Crystal Springs, MS. He completed 3 years, 11 months, and 27 days of net active service.
8. The DD Form 214 he was issued shows he was awarded or authorized the:
* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Driver and Mechanic Badge
9. PO Number 3-2, dated 16 January 1992, issued by HHD, 503d MP Battalion, awarded him the Army Achievement Medal (3rd Award) for exceptionally meritorious achievement from 17 to 28 October 1991.
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 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 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. PO awarded the applicant the Army Commendation Medal and three Army Achievement Medals which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. The evidence of record confirms he served in Southwest Asia during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). Therefore, 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 the evidence presented is 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 adding the following awards to his DD Form 214:
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* 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) AR20120011578
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ABCMR Record of Proceedings (cont) AR20120011578
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