IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000051
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 Army Commendation Medal (ARCOM) and Valorous Unit Award (VUA) and any other medals, citations and awards to which he is entitled.
2. He states he received the ARCOM in May 1991 for operations during Operation Desert Storm and the VUA, but they are not listed on his DD Form 214.
3. He provides an ARCOM award certificate, a listing of units awarded VUA, and DD Form 214.
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 20 September 1988. He served in Southwest Asia (SWA) from 28 December 1990 to 3 May 1991.
3. He provided an award certificate, dated 2 April 1991, which indicates he was awarded the ARCOM by Order Number 12-25 for meritorious achievement in combat operations during the period 17 January 1991 to 2 March 1991 while serving with the 2nd Battalion, 41st Field Artillery, 1st Armored Division. The certificate cites he was deployed to SWA during Operation Desert Storm.
4. He also provided a listing of units that were awarded a VUA for operations during the period 24 to 28 February 1991 in support of Operation Desert Storm. This listing shows his unit, 2nd Battalion, 41st Field Artillery.
5. A review of the U.S. Army Human Resources Command, Military Awards Branch, Unit Awards roster revealed the VUA was awarded to 2nd Battalion, 41st Field Artillery for the period 24 to 28 February 1991 by Department of the Army General Order Number 27, dated 27 December 1994.
6. He was honorably released from active duty on 21 February 1992. His DD Form 214 shows award of the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar
(M-16), Overseas Service Ribbon, and Kuwait Liberation Medal-Saudi Arabia.
7. Army Regulation 600-8-22 (Military Awards) 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), and Cease-Fire Campaign (12 April 1991 to 30 November 1995).
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the ARCOM for meritorious achievement in combat operations during the period 17 January 1991 to 2 March 1991. Therefore, his DD Form 214 should be amended to reflect this award.
2. The evidence of record shows he was assigned to the 2nd Battalion, 41st Field Artillery during a period it was awarded the VUA. Therefore, his DD Form 214 should be amended to show this unit award.
3. He served in SWA from 28 December 1990 to 3 May 1991. Based on his service in SWA, he is entitled to an additional bronze service star for wear on his SWASM and award of the KLM-K. Therefore, these awards should be added to his DD Form 214.
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 the DD Form 214 of the individual concerned be corrected by:
a. deleting award of the SWASM with two bronze service stars; and
b. adding award of the ARCOM, VUA, KLM-K, and SWASM with three bronze service stars.
__________ _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.
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