IN THE CASE OF:	  

		BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130018605 


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 award of the Army Achievement Medal and his Kuwait Army Certificate of Thanks and Appreciation.

2.  The applicant states, in effect, he was awarded the Army Achievement Medal and received a Kuwait Army Certificate of Thanks and Appreciation.

3.  The applicant provides:

* Army Achievement Medal Certificate
* Kuwait Army Certificate of Thanks and Appreciation 

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 30 July 1993.

3.  His DA Form DA Form 2-1 (Personnel Qualification Record) shows in:

* Item 5 (Oversea Service) - Korea, 12 months

* Item 9 (Awards, Decorations, and Campaigns)  - no entry for the Army Achievement Medal

4.  Item 35 (Record of Assignments) of his DA Form 2-1, shows, in part, he was assigned to the 2nd Battalion, 720th Armor Regiment, 2nd Infantry Division, Korea, for the period 30 December 1993 to 26 December 1994.

5.  Permanent Orders Number 222-60, issued by Detachment B, 55th Personnel Services Battalion, Darmstadt Squad, Germany, dated 9 August 1996, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 30 July 1993 to 29 July 1996.

6.  On 6 July 1999, the applicant was honorably discharged with severance pay due to a disability.  He completed 5 years, 11 months, and 7 days of creditable active military service.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Southwest Asia Service Medal with 1 bronze service star
* Army Service Ribbon
* Overseas Service Ribbon

7.  The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for Kuwait during the period 22 August 1995 through 31 October 1995, a period of 2 months and 10 days.

8.  The applicant provides a copy of his Army Achievement Medal Certificate that shows Orders Number 288-147, issued by 1st Battalion, 5th Cavalry, dated 12 October 1995, awarded him the medal.  He also provides a Kuwait Army Certificate of Thanks and Appreciation.

9.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that for Block 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows orders awarded the applicant the Army Achievement Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  The applicant served a qualifying period of service for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant was awarded the Army Good Conduct Medal (1st Award); therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The governing regulation states deployments will be shown on the DD Form 214; therefore, the applicant is entitled to correction of his DD Form 214 to have his service in Kuwait shown. 

5.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.  Therefore, the applicant is not entitled to the requested relief with regard to his Kuwait Army Certificate of Thanks and Appreciation.

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 to his DD Form 214 the:

*	Army Good Conduct Medal (1st Award)
*	Army Achievement Medal
*	Korea Defense Service Medal

* Item 18 the entry “SERVICE IN KUWAIT FROM 19950822-19951031”

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 applicant's Kuwait Army Certificate of Thanks and Appreciation to his DD Form 214.



      _______ _   _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)                                         AR20130018605



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ABCMR Record of Proceedings (cont)                                         AR20130018605



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