BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130002645 


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 all awards to which he may be entitled and issuance of the corresponding certificates.

2.  The applicant states all of his awards were not listed on his DD Form 214 at the time of its issuance.

3.  The applicant provides Veterans Service Commission of Belmont County, Letter, dated 29 January 2013.

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 military records show, after having prior military service, he entered active duty training as a member of the United States Army Reserve (USAR) on 18 June 1987.  Upon completion of ADT, he was awarded military occupational specialty 51B (Carpentry and Masonry Specialist) and released from active duty on 28 August 1987.

3.  The DD Form 214 issued the applicant at that time shows he completed 2 months and 11 days of creditable active duty service.  It also shows he earned the following awards and badges:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksman Qualification Badge with Grenade Bar

4.  On 26 October 1988, the applicant enlisted in the Regular Army.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 9 November 1988 to 8 November 1990 and in Saudi Arabia from 23 December 1990 to 20 June 1991.

5.  The applicant's Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file) contains, Headquarters, 249th Engineer Combat Battalion (Heavy), Permanent Orders Number 50-14, dated 9 November 1989.  It announced his award of the Army Achievement Medal (AAM) for meritorious achievement from 4 April to 1 November 1989.

6.  His AMHRR includes an AAM certificate dated 14 November 1991.  It shows he was awarded the AAM with 4th Oak Leaf Cluster (OLC) on for meritorious service during Operation Desert Storm recovery operations, as announced in Permanent Orders Number 222-97.

7.  His AMHRR includes Headquarters, United States Army Aviation Center and Fort Rucker, Permanent Orders 124-14, dated 25 June 1992.  It amended Permanent Orders Number 222-97, dated 21 November 1991, to show the applicant was awarded the AAM with OLC instead of the 4th OLC.

8.  On 25 October 1992, the applicant was honorably released from active duty after completing a combined total of 4 years, 4 months, and 13 days of creditable active duty service, of which 2 years, 5 months, and 28 days was foreign service.
The DD Form 214 issued him at that time shows he earned the following awards:

* Army Achievement Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal

9.  Item 18 (Remarks) of his DD Form 214 includes an entry which shows the applicant served in Southwest Asia (SWA) from 23 December 1990 to 20 June 1991.

10.  Review of the Gulf War Deployment Roster contains two separate entries which show the applicant served in the Gulf War area of operations from 23 December 1990 to 20 June 1991 and from 1 August through 31 December 1991.

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.

   a. Paragraph 6-3 provides guidance on OLCs.  It states an OLC will be used to denote second and succeeding awards.
   
   b.  Paragraph 9-14 contains guidance for award of the KLM-SA.  It states this medal is authorized to members for service in support of Operation Desert Storm in SWA between 17 January 1991 and 28 February 1991.

   c.  Paragraph 9-15 of Army Regulation 600-8-22 contains guidance for award of the KLM-KU.  It states this medal is authorized for service in support of Operations Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); and

	c.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in SWA in support of Operation Desert Storm from 23 December 1990 to 20 June 1991 as evidenced by the entries contained on his DA Form 2-1 and in item 18 of his DD Form 214 for the period ending 25 October 1992.  Therefore, the regulatory criteria necessary for the award of the KLM-SA and KLM-KU has been satisfied and these medals should be added to his DD Form 214 for the period ending 1 May 1991.

2.  The applicant served during a second deployment in SWA for an additional 5 months and 1 day from 1 August to 31 December 91, as evidenced by citation listed on his second AAM award.  In addition, his name is twice listed on the Gulf War Roster, thereby further confirming both deployments to SWA.  Neither the applicant's second deployment nor second award of the AAM, which was announced in official orders are currently listed on his DD Form 214 and should be added at this time. 

3.  Further, the applicant's weapons qualifications and ASR earned during his initial ADT are not listed on his final DD Form 214.  Accordingly, these qualifications and award should be added to his DD Form 214 at this time.

4.  Finally, the applicant is advised that certificates are only issued for personal awards and decorations.  The only personal decoration the applicant received is the AAM with OLC which signifies his receipt of two of these awards.  A copy of the certificate should be forwarded him per his request.  The remaining awards received by the applicant are service awards for which certificates are not issued.

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:

   a.  amending his final DD Form 214 issued on 25 October 1992 to show the following in the items indicated:
   
* Item 12f – deleting the current entry and replacing it with the "02 10 29"
* Item 13 – deleting the entries "Army Achievement Medal" -  "Kuwait Liberation Medal" and adding the following awards – 

o Army Achievement Medal with Oak Leaf Cluster
o Army Service Ribbon
o Kuwait Liberation Medal – Kuwait
o Kuwait Liberation Medal – Saudi Arabia
o Expert Marksmanship Qualification Badge with Rifle Bar
o Sharpshooter Marksmanship Qualification Badge with Grenade Bar

* Item 18 – deleting the entry "SERVICE IN SWA 23 DEC 1990 TO      20 JUN 1991" and replacing it with the entry "SERVICE IN SOUTHWEST ASIA FROM 19901021 – 19910620 AND FROM 19910801 – 19911231"

   b.  issuing him a corrected document to reflect these corrections and forwarding him a copy of his AAM certificate.



      _______ _   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)                                         AR20130002645



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ABCMR Record of Proceedings (cont)                                         AR20130002645



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