BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20130008703 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 May 2009 to show award of the:

* Humanitarian Service Medal
* Army Achievement Medal
* Meritorious Unit Commendation
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

2.  The applicant states, in effect, these awards are not shown on her DD Form 214 for the period ending 7 May 2009.

3.  The applicant provides her DD Form 214, DD Form 215 (Correction to DD Form 214), and two memoranda pertaining to award of the Humanitarian Service Medal.

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 she enlisted in the U.S. Army Reserve (USAR) on 29 October 1985 and she held military occupational specialty 92A (Automated Logistical Specialist).

3.  She was ordered to active duty as a member of the USAR in support of Operations Desert Shield/Storm and she entered active duty on 27 December 1990.  She was assigned to Company F, 214th Aviation Battalion, Fort Rucker, AL.

4.  She was honorably released from active duty on 4 April 1991 to the control of the USAR.  She completed 3 months and 8 days of creditable active service during this period.

5.  The applicant provides a DD Form 215, dated 16 September 1992, wherein it corrected her DD Form 214 for the period ending 4 April 1991 to add award of the:

* Army Reserve Components Achievement Medal
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal

6.  This DD Form 215 also corrected item 18 (Remarks) of her DD Form 214 for the period ending 4 April 1991 to add the entry "SERVED IN SWA [SOUTHWEST ASIA] FROM 910208 TO 910320 [8 FEBRUARY 1991-20 MARCH 1991]."

7.  Her records contain and the applicant provides a memorandum for record issued by Joint Task Force New Hope, El Salvador, dated 14 August 1999, wherein it awarded the Humanitarian Service Medal to members of the USAR who participated in the Hurricane Mitch relief operation in El Salvador.  The attached list contains the name of the applicant.

8.  Her records contain Permanent Order Number 004-254-0002 issued by Headquarters, 7th Battalion, 4th Brigade, 100th Division (Institutional Training), Gunter Annex, AL, dated 10 September 2004, awarding her the Army Achievement Medal for meritorious achievement from 1 January 2002 to 1 August 2004.
9.  She was again ordered to active duty as a member of the USAR in support of Operation Iraqi Freedom and she entered active duty on 24 April 2008.

10.  She served in Iraq from 1 June 2008 to 12 April 2009 while assigned to Headquarters and Headquarters Company, 3rd Sustainment Command.

11.  She was honorably released from active duty to the control of the USAR on 7 May 2009.  She completed 1 year and 14 days of creditable active service during this period.

12.  Her DD Form 214 for the period ending 7 May 2009 shows award of the:

* Army Commendation Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with one bronze service star
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Armed Forces Reserve Medal with "M" Device
* Armed Forces Reserve Medal with Bronze 10-Year Device

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The 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 1991 and 28 February 1991.

	b.  The 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.

14.  A review of the U.S. Army Human Resources Command website does not show the 3rd Sustainment Command was cited for award of the Meritorious Unit Commendation during the period 24 April 2008 through 7 May 2009.


DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Achievement Medal and the evidence of record confirms she was awarded the Humanitarian Service Medal.  Therefore, her DD Form 214 for the period ending 7 May 2009 should be corrected to show these medals.

2.  The evidence of record confirms she served in Southwest Asia during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait) vice the Kuwait Liberation Medal.  The DD Form 215 she was issued on 16 September 1992 corrected her DD Form 214 for the period ending 4 April 1991 to add award of the Southwest Asia Service Medal with one bronze service star and Kuwait Liberation Medal and added her foreign service in Southwest Asia.  Therefore, it would be appropriate to correct her DD Form 214 for the period ending 7 May 2009 accordingly.

3.  With respect to the Meritorious Unit Commendation, there is no evidence that shows she was assigned to a unit which was cited for this award during her period of assignment.  Therefore, there is an insufficient evidentiary basis for granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 following awards to her DD Form 214 for the period ending 7 May 2009 –

* Army Achievement Medal
* Humanitarian Service Medal
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

2.  The Board further determined 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 the 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)                                         AR20130008703



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ABCMR Record of Proceedings (cont)                                         AR20130008703



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