IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120020576
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 Meritorious Service Medal.
2. The applicant states the award was approved after he completed his outprocessing.
3. The applicant provides:
* DD Form 214
* Certificate showing award of the Meritorious Service Medal
* DA Form 638 (Recommendation for Award)
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. Having had prior service, the applicant enlisted in the Regular Army on 7 September 1976. He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of sergeant first class (SFC)/E-7.
3. His records show he served in Germany, from January 1977 to January 1980 and from February 1990 to November 1991; and Saudi Arabia, 1 January 1991 to 9 May 1991.
4. He retired on 30 September 1995 and he was placed on the Retired List in his retired rank/grade of SFC/E-7. His DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal (7th Award)
* Bronze Star Medal
* Army Commendation Medal
* Army Achievement Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Noncommissioned Officer Professional Development Ribbon w/Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Kuwait Liberation Medal
* Expert Marksmanship Qualification Badge with Pistol Bar
* Driver/Mechanic Badge with Driver - W Bar
* U.S. Gold Recruiter Badge with 3 Sapphire Achievement Stars
* U.S. Army Gold Recruiter Badge
5. Permanent Order (PO) 248-4, issued by the Operational Test and Evaluation Command, Alexandria, VA on 5 September 1995, awarded him the Meritorious Service Medal for meritorious service from 29 September 1985 to 30 September 1995.
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 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 him the Meritorious Service Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The applicant served in Southwest Asia from 1 January to 9 May 1991. This period of service qualifies him for awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. His DD Form 214 currently lists the Kuwait Liberation Medal with no clear indication of who issued or awarded it. Therefore, his DD Form 214 should be corrected to show both awards of the Kuwait Liberation Medal and what country awarded each.
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 for the period ending 30 September 1995:
* Deleting the Kuwait Liberation Medal
*
Adding the Meritorious Service Medal, Kuwait Liberation Medal (Kuwait), and Kuwait Liberation Medal (Saudi Arabia)
_______ _ __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) AR20120020576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120020576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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