IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002624
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:
* awards that were given for participation in the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and Cease-Fire Campaigns
* Meritorious Unit Commendation
2. The applicant states some awards for his service during Operation Desert Shield/Storm were not added to his DD Form 214. He got out of the Army on 14 May 1991 and the awards were issued after that time.
3. The applicant provides his DD Form 214, an email, and one page titled Newsletter.
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's records show he enlisted in the Regular Army on 11 December 1979 and he held military occupational specialty 76Y (Unit Supply Specialist).
3. He served in Southwest Asia from 16 December 1990 to 29 April 1991 while assigned to Headquarters and Headquarters Battery (HHB), Division Artillery (DIVARTY), 1st Armored Division, Germany.
4. He was honorably discharged from active duty on 14 May 1991. He completed 11 years, 5 months, and 4 days of creditable active service.
5. The DD Form 214 he was issued shows, in part, he was awarded or authorized the Southwest Asia Service Medal.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the:
a. 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. A review of his records show that during his service in Southwest Asia he participated in the following three campaigns:
* 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. Kuwait Liberation Medal 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 and 28 February 1991.
c. Kuwait Liberation Medal 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.
7. A review of the U.S. Army Human Resources Command website shows HHB, DIVARTY, 1st Armored Division, was cited for award of the Meritorious Unit Commendation for the period 19 December 1990 through 29 April 1991 in Department of the Army General Orders (GO) Number 1, dated 1996.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant participated in three campaigns during his service in Southwest Asia. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Southwest Asia Service Medal and correction of his DD Form 214 accordingly.
2. 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.
3. GO awarded his unit the Meritorious Unit Commendation during the period he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 amending his DD Form 214 as follows:
* deleting the Southwest Asia Service Medal
* adding the following awards
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Meritorious Unit Commendation
_______ _ _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) AR20130002624
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ABCMR Record of Proceedings (cont) AR20130002624
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