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ARMY | BCMR | CY2013 | 20130003205
Original file (20130003205.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    26 September 2013

		DOCKET NUMBER:  AR20130003205 


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 award of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal prior to being honorably discharged on 29 September 1992.  He received the award in the mail; however, the award never made it into his records. 

3.  The applicant provides:

* Permanent Orders 61-11
* DA Form 4980-5 (Bronze Star Medal 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.  The applicant enlisted in the Regular Army on 25 July 1984.

3.  The applicant was honorably discharged on 29 September 1992.

4.  His DD Form 214 does not show award of the Bronze Star Medal.  However, the document shows he was awarded the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal.

5.  The applicant provides the Bronze Star Medal Certificate and Permanent Orders 61-11, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, dated 5 May 1992, which award him the Bronze Star Medal for meritorious achievement for the period 16 January through 9 March 1991.  

6.  Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

7.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait 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.  Permanent orders awarded the applicant the Bronze Star Medal.  Therefore, he is entitled to correction of his record to show this award.

2.  The applicant served a qualifying period for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  The Kuwait Liberation Medal was approved on 9 November 1995, after the applicant was honorably discharged.  Based on the foregoing, it would be appropriate to amend his DD Form 214 to show the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).







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 the Kuwait Liberation Medal from his DD Form 214 and
   
   b.  adding to his DD Form 214 the Bronze Star Medal, Kuwait Liberation Medal (Saudi Arabia), and the 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)                                         AR20130003205





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ABCMR Record of Proceedings (cont)                                         AR20130003205



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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