IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130020492 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 January 1992 to show award of the:

* Kuwait Liberation Medal
* Valorous Unit Award

2.  The applicant states the decorations were not issued at the time of his discharge.

3.  The applicant provides a copy of the award criteria for the Kuwait Liberation 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 enlisted in the Regular Army on 8 March 1983. 

3.  U.S. Army Regional Personnel Center, Schweinfurt, Germany, Permanent Orders 24-34, dated 14 February 1986, awarded the applicant the Army Good Conduct Medal for the period 8 March 1983 to 7 March 1986.

4.  On 3 March 1986, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 for this period shows award of the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon

5.  His DA Form 2-1 (Personnel Qualification Record – Part II) for this period shows in:

* item 5 (Oversea Service) – Germany from 15 July 1983 through 2 March 1986
* item 9 (Awards, Decorations and Campaigns) –

* Army Service Ribbon
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

*	item 35 (Record of Assignments), in part –

* Battery B, 3d Battalion, 71st (7th) Air Defense Artillery Brigade, Germany, from 18 July 1983 to 10 March 1985
* Battery A, 3d Battalion, 7th Air Defense Artillery Brigade, Germany, from 11 March 1985 to 28 February 1986
* Headquarters and Headquarters Company, 2d Battalion, 16th Infantry Regiment, Fort Riley, KS, from 5 February 1987 to 1 November 1987



6.  He was honorably discharged from the USAR for immediate enlistment in the Regular Army and he enlisted in the Regular Army on 29 January 1987.

7.  Personnel Service Center, Fort Riley, KS, Permanent Orders 7-28, dated 16 January 1990, awarded the applicant the Army Good Conduct Medal (2nd Award) for the period 13 October 1983 to 12 October 1986.  The dates are lined through and replaced with the handwritten dates 29 January 1987 to 28 January 1990.  A handwritten note in the top margin states "amend awaiting order."  His records are void of orders amending or revoking these orders.  These orders show his unit of assignment as 2d Battalion, 16th Infantry Regiment.

8.  His Personnel Qualification Record Part 1, dated 16 November 1990, shows he was assigned to 2d Battalion, 16th Infantry Regiment, on 7 September 1989 with an expiration of term of service date of 28 October 1995.

9.  A review of the Persian Gulf War Campaign roster shows the applicant was assigned to Headquarters and Headquarters Battery, 3d Battalion, 2d Air Defense Artillery Regiment, and served in Operation Desert Storm during the period 6 January through 31 July 1991.

10.  On 1 January 1992, the applicant was honorably discharged.  His DD Form 214 for this period shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized –

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Bronze Star Medal
* Army Achievement Medal

* item 18 (Remarks) does not show a deployment location

11.  The applicant's records are void of evidence and he does not provide any evidence specifically placing him in Iraq or Kuwait.
12.  The U.S. Army Center of Military History Lineage and Honors shows 2d Battalion, 16th Infantry Regiment, was awarded the Valorous Unit Award for Iraq-Kuwait in 1991.

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 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.

	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 Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service and that it was important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  The regulation further stated for:

* item 13, enter all awards and decorations from the Soldier's records
* item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period for award of the Kuwait Liberation Medal-Kuwait and the Kuwait Liberation Medal-Saudi Arabia; therefore, he is entitled to correction of his DD Form 214 for the period ending 1 January 1992 to show these two awards.

2.  Although his records are void of evidence specifically placing him in Kuwait or Iraq, the Army Center of Military History shows 2d Battalion, 16th Infantry Regiment, was awarded the Valorous Unit Award for service in Iraq-Kuwait in 1991.  Therefore, any doubt should be resolved in favor of the applicant and his DD Form 214 for the period ending 1 January 1992 should be corrected to show this unit award.

3.  The applicant was awarded the Army Good Conduct Medal (1st Award) for the period 8 March 1983 to 7 March 1986.  Permanent Orders 7-28, dated 16 January 1990, awarded the applicant the Army Good Conduct Medal (2nd Award) for the period 13 October 1983 to 12 October 1986, overlapping the period for the first award.  His subsequent period of eligibility should have began when he enlisted in the Regular Army on 29 January 1987 and ended on 28 January 1990.  Therefore, Permanent Orders 7-28 should be amended to show he was awarded the Army Good Conduct Medal (2nd Award) for the period 29 January 1987 to 28 January 1990 and his DD Form 214 for the period ending 1 January 1992 should be corrected to show the Army Good Conduct Medal (2nd Award).

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  amending Personnel Service Center, Fort Riley, KS, Permanent 
Orders 7-28, dated 16 January 1990, awarding him the Army Good Conduct Medal (2nd Award) to read, "Date(s) of period of Service:  From 29 January 1987 to 28 January 1990";

	b.  amending his DD Form 214 for the period ending 1 January 1992 by:

   *	deleting award of the Army Good Conduct Medal
   *	adding the following awards: 
   
   *	Army Good Conduct Medal (2nd Award)
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia
   *	Valorous Unit Award

	c.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910106-19910731" to item 18.



      _____________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)                                         AR20130020492



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ABCMR Record of Proceedings (cont)                                         AR20130020492



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