IN THE CASE OF:
BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130012637
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 two awards of the Army Commendation Medal.
2. The applicant states he received one award in June 1991 and the second, which was a downgraded Meritorious Service Medal, in July 1991. His unit was in the process of standing down at the time.
3. The applicant provides his DD Form 214 and two certificates showing two awards of the Army Commendation 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. Having had prior service in the Army National Guard, the applicant entered active duty as a Regular Army commissioned officer on 8 May 1988. He completed the Signal Officer Basic Course.
3. He served in Southwest Asia in support of Operations Desert Shield/Storm from 18 December 1990 to 5 May 1991.
4. He was honorably discharged on 13 September 1991. His DD Form 214 shows he was awarded or authorized the:
* Army Achievement Medal (1st Oak Leaf Cluster)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
5. He provides:
a. a certificate, dated 13 June 1991, awarding him the Army Commendation Medal for meritorious achievement from 17 January to 24 March 1991, by Permanent Orders (PO) Number 12-28, issued on 13 June 1991, presumably by Headquarters, 207th Intelligence Brigade.
b. a certificate, dated 25 July 1991, awarding him the Army Commendation Medal for meritorious service from 13 July 1991 to 1 September 1991 by PO Number 27-5, issued on 25 July 1991, presumably by Headquarters, 207th Intelligence Brigade.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area 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 campaigns are:
* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)
b. 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.
c. 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. PO awarded the applicant two awards of the Army Commendation Medal. Neither award is shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Army Commendation Medal.
2. He served in Southwest Asia from 18 December 1990 to 5 May 1991. There were three approved campaigns during this period. He only received credit for two campaigns. Therefore, he is entitled to correction of his DD Form 214 to show the Southwest Asia Service Medal with three vice two bronze service stars.
3. His service in Southwest Asia qualifies him for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). His DD Form 214 should be corrected to show these awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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:
* deleting from his DD Form 214 the Southwest Asia Service Medal with two bronze service stars
* adding to his DD Form 214 the:
* Army Commendation Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* 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) AR20130012637
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ABCMR Record of Proceedings (cont) AR20130012637
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