IN THE CASE OF:	  

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130022334 


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) to show award of the Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Humanitarian Service Medal.

2.  The applicant states he is authorized both Kuwait Liberation Medals based on his service with Battery A, 40th Field Artillery Regiment (Multiple Launch Rocket System), 3d Armored Division (Spearhead), in Southwest Asia from 29 December 1990 to 17 May 1991.  He heard that Battery A, 40th Field Artillery Regiment (Multiple Launch Rocket System), was authorized the Humanitarian Service Medal for post-cease fire duties.

3.  The applicant provides three copies of his DD Form 214 for the period ending 6 August 1991; two copies of his DD Form 215 (Correction to DD Form 214) for the period ending 6 August 1991; a letter from the National Personnel Records Center, dated 6 March 2013; and a letter from the National Personnel Records Center, dated 8 November 2013.

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 4 November 1987 after having prior enlisted service in the U.S. Marine Corps Reserve.

3.  On 22 January 1988, he was assigned to Battery A, 40th Field Artillery Regiment (Multiple Launch Rocket System), 3d Armored Division (Spearhead), in Germany.

4.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he deployed to Southwest Asia from 29 December 1990 to 17 May 1991 in support of Operations Desert Shield/Desert Storm.  During this period, participation credit was awarded for three campaigns.

5.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows award of the Southwest Asia Service Medal with one bronze service star.  It does not show award of the Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, or Humanitarian Service Medal.

6.  The applicant's records do not contain orders awarding him the Humanitarian Service Medal.

7.  On 6 August 1991, the applicant was honorably released from active duty.  His DD Form 214 shows his deployed service in Southwest Asia from 29 December 1990 through 17 May 1991.  His DD Form 214, as amended, also shows he was awarded or authorized the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal.  It does not specify which award of the Kuwait Liberation Medal or show award of the Humanitarian Service Medal.

8.  Department of the Army General Orders Number 14, dated 11 April 1997, awarded Battery A, 40th Field Artillery Regiment, the Meritorious Unit Commendation for the period 27 December 1990 to 19 May 1991.

9.  Army Regulation 600-8-22 (Military Awards) states the Humanitarian Service Medal is awarded to members of the Armed Forces of the United States who distinguished themselves by meritorious direct participation in a Department of Defense or Department of the Army approved significant military act or operation of a humanitarian nature after 1 April 1975.  To qualify for award of an approved Humanitarian Service Medal operation, Soldiers must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits.  Direct participation is defined as being physically present at the designated location, having directly contributed to and influenced the action.

10.  Appendix C (Department of Defense and Department of the Army Approved Humanitarian Service Medal Operations) of Army Regulation 600-8-22 shows the Kuwait Reconstruction Effort in Kuwait was an approved humanitarian service operation for the period 26 February through 1 December 1991.

11.  Army Regulation 600-8-22 states 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.

12.  Army Regulation 600-8-22 states 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.  The evidence shows the applicant deployed to Southwest Asia from 29 December 1990 through 17 May 1991 while assigned to Battery A, 40th Field Artillery Regiment (Multiple Launch Rocket System).  As a result, he is authorized award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait and his DD Form 214 should be corrected to show these awards.

2.  Battery A, 40th Field Artillery Regiment, was awarded the Meritorious Unit Commendation for the period 27 December 1990 to 19 May 1991 during the applicant's assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  There is no available evidence showing the applicant directly participated in the Kuwait Reconstruction Effort in Kuwait during the period 26 February through 1 December 1991 while assigned to Battery A, 40th Field Artillery Regiment (Multiple Launch Rocket System).  Therefore, there is an insufficient evidentiary basis to grant this portion of his request.



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:

* deleting award of the Kuwait Liberation Medal from his DD Form 214 for the period ending 6 August 1991
* adding the following awards to his DD Form 214 for the period ending 6 August 1991 –

* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Meritorious Unit Commendation

2.  The Board further determined 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 correction of his DD Form 214 for the period ending 6 August 1991 to show award of the Humanitarian Service Medal.



      _____________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)                                         AR20130022334



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ABCMR Record of Proceedings (cont)                                         AR20130022334



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