IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130002003
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 his award of the Army Commendation Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 May 1991.
2. The applicant states his award of the Army Commendation Medal was not entered on his DD Form 214.
3. The applicant provides
* certificate of promotion
* orders for the award of the Army Commendation Medal
* certificate for the award of the Army Commendation Medal
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Honorable Discharge Certificate
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. On 24 May 1988, he enlisted in the Regular Army.
3. On 6 September 1988, he was assigned to C Company, 2nd Battalion,
16th Infantry. His unit was assigned on temporary duty to Saudi Arabia from
8 January to 12 May 1991.
4. On 29 May 1991, he was released from active duty. His DD Form 214 shows he was awarded the:
* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Army Achievement Medal with 1st Oak Leaf Cluster
* Combat Infantryman Badge
5. On 17 August 1992, a DD Form 215 was issued adding the:
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal
6. The applicant provided Headquarters, 2nd Brigade, 1st Infantry Division (Mechanized), Permanent Orders 007-007, dated 30 May 1991, awarding him the Army Commendation Medal for meritorious service from 17 January 1991 to
3 March 1991.
7. The applicant provided a certificate awarding him the Army Commendation Medal for meritorious service during Operation Desert Storm from 17 January through 3 March 1991. Order Number 007-007 is annotated on the certificate.
8. Department of the Army General Orders Number 27, dated 27 December 1994, awarded C Company, 2nd Battalion, 16th Infantry the Valorous Unit Award for the period 24 February 1991 to 28 February 1991.
9. 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-Saudi Arabia awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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-Government of Kuwait awarded by the Government of Kuwait was approved on 9 November 1995 and was 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 orders and certificate provided by the applicant are sufficient evidence to show he was awarded the Army Commendation Medal. Therefore, this award should be added to his DD Form 214.
2. Based on his service with C Company, 2nd Battalion, 16th Infantry he is authorized the Valorous Unit Award. Therefore, this award should be added to his DD Form 214.
3. Based on his service in Saudi Arabia he is authorized the:
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
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 all Department of the Army records of the individual concerned be corrected by:
a. deleting from his DD Form 214 the Kuwait Liberation Medal; and
b. adding to his DD Form 214 the:
* Army Commendation Medal
* Valorous Unit Award
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of 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.
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