IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140000492
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:
* Army Commendation Medal (ARCOM) (2nd Award)
* Kuwait Liberation Medal-Saudi Arabia (KLM-SA)
* Kuwait Liberation Medal-Kuwait (KLM-KU)
2. The applicant states, in effect, all his authorized awards and decorations are not listed on his DD Form 214.
3. The applicant provides:
* DA Form 638 (Recommendation for Award)
* DD Form 214
* Fact Sheets for the KLM-SA and KLM-KU
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. On 15 May 1987, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant.
3. On 28 July 1989, he was ordered to active duty for a period of 3 years.
4. On 17 May 1990, he was promoted to the rank of first lieutenant.
5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) shows award of the:
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
6. 520th Personnel Service Company Order 283-44, dated 30 November 1990, assigned the applicant to Headquarters and Headquarters Company, 3d Armored Division, in support of Operation Desert Shield effective 26 November 1990.
7. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base. The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. The Operations Desert Shield/Desert Storm data base compiled by DMDC shows the applicant served in Southwest Asia from 11 January 1991 to 20 May 1991.
8. Section VIII (Awards and Decorations) of his Officer Record Brief shows award of the:
* ARCOM
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon
9. On 11 January 1993, the applicant was honorably released from active duty. His DD Form 214 shows award of the:
* ARCOM
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with three bronze service stars
10. The applicant provided a DA Form 638 that shows he was previously awarded an ARCOM and Headquarters, 3d Corps Support Command, Permanent Order Number 91-2, dated 13 November 1992, awarded him a second ARCOM for the period 11 January 1990 through 9 November 1992.
11. Army Regulation 600-8-22 (Military Awards) states:
a. The 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 1991 and 28 February 1991.
b. The KLM-KU 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.
12. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided established standardized policy for preparation of the DD Form 214. It stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.
DISCUSSION AND CONCLUSIONS:
1. Based on his service in Southwest Asia, he is authorized award of the
KLM-SA and KLM-KU. Therefore, his DD Form 214 should be corrected to show these awards.
2. The applicant was previously awarded the ARCOM and Permanent Order Number 91-2 awarded him a second ARCOM. Therefore, he is entitled to correction of his DD Form 214 to show award of the ARCOM (2nd Award).
3. The applicant qualified as Expert with the hand grenade and as Marksman with the M-16 rifle. Therefore, he is entitled to correction of his DD Form 214 to show the appropriate marksmanship badges.
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 amending his DD Form 214 as follows:
* deleting award of the ARCOM
* adding the following awards
* ARCOM (2nd Award)
* KLM-SA
* KLM-KU
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
__________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) AR20140000492
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ABCMR Record of Proceedings (cont) AR20140000492
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