BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130021036 


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 awarded by the Government of Kuwait (KLM-KU)
* Valorous Unit Award (VUA)
* All other awards he may be entitled to 
* Correct date of Food Service Course to August 1990 vice November 1990

2.  He states the KLM-KU and the VUA were issued after his expiration term of service.

3.  He provides:

* DD Form 214
* Certificate of Commendation
* Orders 320-16, dated 16 November 1992
* Memorandum, Subject:  VUA, dated 5 March 1996, with General Orders Number 14, dated 11 April 1997
* Diploma, dated 10 August 1990

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.  After having prior service in the Army National Guard, on 21 November 1990, the applicant enlisted in the Regular Army.  On 20 November 1994, he was honorably released from active duty and credited with completing 4 years of active service.  

3.  His enlistment contract shows he enlisted with a previous military occupational specialty (MOS) of 94B (Food Service Specialist) and no additional formal training was required.
 
4.  His DD Form 214 shows in:

* Item 12d (Total Prior Active Service)  00  03  17
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal 
* Army Achievement Medal (AAM) (4th Award)
* Army Good Conduct Medal 
* National Defense Service Medal
* Southwest Asia Service Medal (SWASM) with three bronze service 
stars
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal

* Item 14 (Military Education) Food Service Specialist Course, 8 weeks, November 1990
* Item 18 (Remarks) no entry concerning his deployment

5.  A certificate, dated 13 December 1992, contained in the applicant's official military personnel file (OMPF), awarded him the AAM for meritorious service while serving as a food service specialist from 28 November 1990 to 
28 November 1992.  This certificate lists his unit of assignment as Service Battery, 2d Battalion, 3d Field Artillery Regiment. 

6.  The applicant provided:

a. A diploma from the U.S. Army Training Center, Fort Jackson, SC, dated 
10 August 1990, that shows he successfully completed the Food Service Specialist Course.

   b.  Orders 320-16, dated 16 November 1992, reassigned the applicant from his unit of assignment listed in the standard name line as Service Battery, 2d Battalion, 3d Field Artillery Regiment.  The orders state the applicant served a 24-month tour of duty in Europe. 
   
   c.  Memorandum, Subject:  VUA, dated 5 March 1996, with General Orders Number 14, dated 11 April 1997, awarded the VUA to the 2d Battalion, 3d Field Artillery Regiment for the period 6 January to 16 June 1991.

7.  Additionally, his record is void of any documentation that shows his exact periods of service in Southwest Asia. 

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

	a.  The KLM-KU 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.

	b.  The KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 and 28 February 1991.

	c.  The SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, 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 designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  Although the exact dates of the applicant's service in Southwest Asia are unknown, his DD Form 214 shows he was awarded the SWASM with three bronze service stars and the KLM.  His service in Southwest Asia qualifies him for award of the KLM-KU and the KLM-SA.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  Orders 320-16, dated 16 November 1992, awarded the 2d Battalion, 3d Field Artillery Regiment the VUA.  An AAM Certificate, contained in the applicant's OMPF, verifies that he was assigned to the unit from 28 November 1990 to
28 November 1992.  Therefore, he was assigned to the unit during the time the unit was awarded the VUA (6 January to 16 June 1991) and he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record shows that on 21 November 1990 the applicant enlisted in the RA with a previous MOS of 94B and no formal training was required.  His diploma shows he successfully completed the Food Service Specialist Course on 10 August 1990, prior to the entry date on his DD Form 214.  It is unknown where the entry of "Food Service Specialist Course, 8 weeks, November 1990" originated.  Nevertheless, he is not entitled to correction of his DD Form 214 to change his Food Service Specialist Course date from November 1990 to August 1990 because this date is outside the period that this DD Form 214 covers. 

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:

a. deleting from item 13 of his DD Form 214 the KLM; and

   b.  adding to item 13 of his DD Form 214 the:

* KLM-SA
* KLM-KU
* VUA

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 correcting the date of the Food Service Course on 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)                                         AR20130021036



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ABCMR Record of Proceedings (cont)                                         AR20130021036



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