BOARD DATE:	  31 December 2013

		DOCKET NUMBER:  AR20130007884 


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 that his records be corrected by awarding him the Bronze Star Medal (BSM), Army Good Conduct Medal (AGCM) (2d award), Kuwait Liberation Medal (Kuwait) (KLM-K), and Kuwait Liberation Medal (Saudi Arabia) (KLM-SA). 

2.  The applicant states his company commander told him that the entire unit had been awarded the BSM and that it would be forwarded to him.  However, the BSM was never forwarded or added to his records.  Additionally, he desires to be awarded the second award of the AGCM, KLM-L, and KLM-SA. 

3.  The applicant provides excerpts from Army Regulation 600-8-22 showing the criteria for awards of the BSM, KLM-K, and KLM-SA.

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 18 July 1986 for a period of      3 years and training as an M1 Abrams Tank Systems Mechanic.  He completed his one-station unit training at Fort Knox, Kentucky and was transferred to Germany on 3 January 1987 and served there until 24 December 1988 when he was transferred to Fort Riley, Kansas.

3.  He reenlisted on 31 July 1989 for a period of 3 years and a selective reenlistment bonus.  He deployed to Southwest Asia (SWA) during the period of 31 December 1990 – 10 May 1991.

4.  On 1 February 1992, he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, paragraph 16-8, under the Fiscal Year 1992 Early Transition Program.  He had served 5 years, 5 months and 14 days of active service and his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Army Service Ribbon, National Defense Service Medal, AGCM, Overseas Service Ribbon, Mechanic Badge, Drivers Badge, Southwest Asia Service Medal with two bronze service stars, Army Commendation Medal, and Army Achievement Medal.

5.  A review of his official records shows that he was awarded the AGCM on      15 June 1989 for the period 18 July 1986 to 17 July 1989.  His records contain no evidence showing he was recommended for or was awarded the BSM.

6.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

7.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.
 
8.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

9.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

10.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

11.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

12.  Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, 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.  Approved designated campaigns are:

* 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in SWA during a qualifying period for awards of the KLM-K and KLM-SA.  In addition, he is authorized 3 bronze service stars for wear on his Southwest Asia Service Medal.  Accordingly, they should be added to his DD Form 214.

2.  The applicant’s contention that he should be awarded the BSM has been noted and appears to lack merit.  The evidence of record and the evidence submitted by the applicant fail to show that the applicant was recommended for or was awarded the BSM.  While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant’s contention that he should be awarded a second award of the AGCM has also been noted and appears to lack merit.  The award of the AGCM for a period of less than 3 years is only authorized for the first award.  The applicant was awarded the first award of the AGCM for a 3-year period and he served 2 years, 6 months and 14 days of active service during his second qualifying period for the award of the AGCM.  Accordingly, he is not entitled to a second award of the AGCM.  

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 KLM-K and KLM-SA and 3 bronze service stars for wear on his Southwest Asia Service Medal to his DD Form 214.

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 awarding him the BSM and AGCM (second award).

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)                                         AR20130007884





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ABCMR Record of Proceedings (cont)                                         AR20130007884



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