IN THE CASE OF:
BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20120021217
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 effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the awards earned for service in support of Operation Desert Shield/Desert Storm.
2. The applicant states she received the Army Commendation Medal (ARCOM), but it was not entered on her DD Form 214. She also never received the Kuwait Liberation Medal from the Kingdom of Saudi Arabia (KLM-SA) or the Kuwait Liberation Medal from the Government of Kuwait (KLM-K) and they are not shown on her DD Form 214.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 6 April 1992
* DA Form 638-1 (Recommendation for Award), dated 21 May 1991
* ARCOM Certificate, dated 3 July 1991
* Leave and Earnings Statements (LESs) for the period 1 October 1990 through 30 April 1991
* Nearly illegible photocopy of a unit coin, front and back
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 9 January 1987. She completed training as an aviation operations specialist and attained the rank/grade of specialist (SPC)/E-4.
3. On 11 June 1991, she was honorably released from active duty at the expiration of her term of service (ETS). She completed 4 years, 5 months, and 3 days of creditable active service. The DD Form 214 she was issued at the time shows she was awarded or authorized the:
* Army Service Ribbon
* National Defense Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Achievement Medal
* Army Good Conduct Medal
4. The applicant submitted:
a. A DA Form 638-1 that shows Permanent Order Number 76-11, issued by Headquarters, 194th Armored Brigade, Fort Knox, KY, dated 13 August 1991, awarded her the ARCOM for meritorious service upon her ETS. Part B (Justification and Citation Data ) of the DA Form 638-1 cites details from throughout her period of active duty, including service in Iraq.
c. An ARCOM Certificate, dated 3 July 1991, that shows she was awarded the ARCOM by the same order number.
b. LESs that show she received "danger pay" from October 1990 through March 1991.
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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)
b. the 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.
c. the 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the ARCOM as an ETS award by Permanent Order Number 76-11, dated 13 August 1991. Therefore, her DD Form 214 should be corrected to show this award.
2. The recommendation for her ARCOM shows she served in Iraq and her LESs confirm she served in support of Operation Desert Shield/Desert Storm from October 1990 through March 1991. She also participated during the
Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991) campaigns. Therefore, she is entitled to the Southwest Asia Service Medal with two bronze service stars and correction of her DD Form 214 to show this award.
3. She served during a qualifying period of service for entitlement to the KLM-SA and the KLM-K. Therefore, her DD Form 214 should be corrected to show these two 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 adding to her DD Form 214 the:
* Army Commendation Medal
* Southwest Asia Service Medal with two 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) AR20120021217
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ABCMR Record of Proceedings (cont) AR20120021217
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