IN THE CASE OF:	

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130008800 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Kuwait Liberation Medal (Kuwait)
* United Nations Medal
* North Atlantic Treaty Organization (NATO) Iraqi/Afghanistan/Sudan Medal (properly known as the NATO Medal)
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal 
* Combat Service Commemorative Award
* American Defense Commemorative Award
* Foreign Expeditionary Commemorative Award
* U.S. Army Commemorative Award
* Honorable Service Commemorative Award
* Armed Forces Expert Marksman Commemorative Award
* National Guard & Reserve Commemorative Award
* United Nations Service Commemorative Award
* NATO Commemorative Award
* Presidential Unit Citation Commemorative Award
* Meritorious Unit Citation Commemorative Award

2.  The applicant states he either never received or was never put in for these awards, or he had already left the service before receiving them.  On 26 July 2012, he joined the Army National Guard (ARNG) and he thinks these awards will help in his military career.
3.  The applicant provides his DD Form 214 and DA Form 2-1 (Personnel Qualification Record).

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 (RA) on 6 April 1988 and he held military occupational specialty 19K (M1 Armor Crewman).  He served in Germany from 13 August 1988 to 12 August 1990 and in Southwest Asia (SWA) in support of Operation Desert Shield/Desert Storm from 19 September 1990 to 21 March 1991 while assigned to Company B, 3rd Battalion, 69th Armor Regiment.

3.  He was honorably released from active duty on 30 October 1993 and he was transferred to the 1st Battalion, 198th Armor Regiment, ARNG, Booneville, MS.

4.  The DD Form 214 he was issued for this period of service shows award of the:

* Army Achievement Medal (2nd Award)
* Army Lapel Button
* Army Service Ribbon
* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal 
* Noncommissioned Officer Professional Development Ribbon
* National Defense Service Medal 
* Overseas Service Ribbon
* SWA Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

5.  There is no evidence in his record that shows he was awarded the United Nations Medal or certificate or a certificate for the NATO Medal.

6.  A review of the U.S. Army Human Resources Command website does not show the 3rd Battalion, 69th Armor Regiment was awarded the Presidential Unit Citation or the Meritorious Unit Commendation during a period the applicant was assigned to the unit.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.

	b.  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.

	c.  The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than 6 months with the United Nations Observation Group in Lebanon; the United Nations Truce Supervision Organization in Palestine; the United Nations Military Observer Group in India and Pakistan; the United Nations Security Forces, Hollandia; the United Nations Transitional Authority in Cambodia; the United Nations Advance Mission in Cambodia; the United Nations Protection Force in Yugoslavia; the United Nations Mission for the Referendum in Western Sahara; the United Nations Iraq/Kuwait Observation Group; and the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members)).  The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal.  Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.

	d.  The NATO Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations.  Operation Desert Shield/Storm is not listed as an authorized mission/operation for award of the NATO Medal.  The U.S. Army Human Resource Command website contains a "frequently asked questions" section concerning military awards.  The website notes that to add the NATO Medal to a Soldier's record the Soldier must have been issued a certificate.

	e.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Participation in Operation Desert Shield/Storm is not listed as qualifying service for award of the Armed Forces Expeditionary Medal.

	f.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  

8.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in SWA during a qualifying period for award of the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait while his DD Form 214 only shows the Kuwait Liberation Medal.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

2.  With respect to the United Nations Medal and the NATO Medal, the evidence of record does not show and the applicant has not provided any evidence that shows he was ever awarded the United Nations Medal or that he was issued a certificate for the United Nations Medal or the NATO Medal.  Therefore, he is not entitled to this portion of the requested relief.  

3.  With respect to the Armed Forces Expeditionary Medal and the Armed Forces Service Medal, the evidence of record does not show and the applicant has not provided any evidence that shows he served during a qualifying period for entitlement for either of these awards.  Therefore, he is not entitled to this portion of the requested relief.  

4.  The Military Awards regulation does not authorize commemorative awards. These awards are normally created and offered by private organizations. Therefore, the applicant is not entitled to award of the:

* Combat Service Commemorative Award
* American Defense Commemorative Award
* Foreign Expeditionary Commemorative Award
* U.S. Army Commemorative Award
* Honorable Service Commemorative Award
* Armed Forces Expert Marksman Commemorative Award
* National Guard & Reserve Commemorative Award
* United Nations Service Commemorative Award
* NATO Commemorative Award
* Presidential Unit Citation Commemorative Award
* Meritorious Unit Citation Commemorative Award

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 amending his DD Form 214 as follows:

* deleting the Kuwait Liberation Medal
* adding the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait

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 the:  

* United Nations Medal
* NATO Medal
* Armed Forces Expeditionary Medal
* Armed Forces Service Medal 
* Combat Service Commemorative Award
* American Defense Commemorative Award
* Foreign Expeditionary Commemorative Award
* U.S. Army Commemorative Award
* Honorable Service Commemorative Award
* Armed Forces Expert Marksman Commemorative Award
* National Guard & Reserve Commemorative Award
* United Nations Service Commemorative Award
* NATO Commemorative Award
* Presidential Unit Citation Commemorative Award
* Meritorious Unit Citation Commemorative Award



      __________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)                                         AR20130008800





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ABCMR Record of Proceedings (cont)                                         AR20130008800



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