IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004208
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his awards of the Army Reserve Components Overseas Training Ribbon (ARCOTR), Kuwait Liberation Medal Kuwait (KLM-KU), Kuwait Liberation Medal Saudi Arabia (KLM-SA), and the Southwest Asia Service Medal (SWASM) with one bronze service star.
2. The applicant states, in effect, that his DD Form 214 does not reflect all of his authorized awards.
3. The applicant provides a copy of a letter from the National Personnel Records Center directing him to apply to the Board.
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 U.S. Army Reserve (USAR) on 30 January 1970 and served through a series of continuous reenlistments. He was promoted to the pay grade of E-8 on 3 March 1988.
3. He was ordered to active duty in support of Operation Desert Shield/Storm on 21 November 1990 and deployed to Southwest Asia during the period 19910119 19910507.
4. On 24 May 1991, he was honorably released from active duty (REFRAD). His DD Form 214 issued at the time of his REFRAD shows that he was awarded the:
* Army Service Ribbon
* National Defense Service Medal with one bronze star
* Army Reserve Components Achievement Medal with three oak leaf clusters
* Armed Forces Reserve Medal
* Noncommissioned Officer Development Ribbon with numeral 3
* Army Achievement Medal with two oak leaf clusters
* Bronze Star Medal
5. A review of the applicants official records shows that in addition to the awards listed on his DD Form 214 he was awarded the SWASM with one bronze service star, the KLM-KU, and the KLM-SA. There is no evidence in the available records to show that he was awarded the ARCOTR or that he was eligible to receive that award.
6. Army Regulation 600-8-22 (Military Awards) states the Army Reserve Components Overseas Training Ribbon (ARCOTR) is awarded to members of the Reserve Components of the Army for successful completion of annual training (AT) or active duty for training (ADT) for a period of not less than 10 consecutive duty days on foreign soil. The ARCOTR may be awarded retroactively to those personnel who successfully completed AT or ADT on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984. Numerals will be used to denote second and subsequent awards of the ARCOTR.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show that he qualified for and was awarded the SWASM with one bronze service star (SWASM w/1bss), the KLM-KU, and the KLM-SA. However, those awards were not added to his DD Form 214 at the time of his REFRAD. Accordingly, they should be added at this time.
2. However, the applicants contention that he was awarded the ARCOTR is not supported by the evidence of record or the evidence submitted by the applicant. Therefore, in the absence of such evidence there appears to be no basis to add that award to his DD Form 214 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the awards of the SWASM w/1bss, KLM-KU, and KLM-SA to his DD Form 214 for the period ending 24 May 1991.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the award of the ARCOTR to this DD Form 214 for the period ending 24 May 1991.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Gulf War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20130004208
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ABCMR Record of Proceedings (cont) AR20130004208
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