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		IN THE CASE OF:	   

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140002436 


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:

	a.  reconsideration of his request to have the Army Commendation Medal and the Army Achievement Medal added to his DD Form 214 (Certificate of Release or Discharge from Active Duty); and 

	b.  to add any unit awards authorized after his release from active duty.

2.  The applicant states his unit did not list all of his authorized awards and decorations at the time of his separation.

3.  The applicant provides copies of award certificates for the Army Achievement Medal and the Army Commendation Medal and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100023152, on 21 April 2011.  

2.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  It states at:
   a. Paragraph 2-9, the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

   b.  Paragraph 2-15, an applicant may request the ABCMR to reconsider a Board decision under the following circumstances:  If the ABCMR receives the request within 1 year of the ABCMR's action and if the ABCMR has not previously reconsidered the matter, the ABCMR staff will review the request to determine if it contains evidence (including, but not limited to, any facts or arguments as to why relief should be granted) that was not in the record at the time of the ABCMR's prior consideration.  If new evidence has been submitted, the request will be submitted to the ABCMR for its determination of whether the new evidence is sufficient to demonstrate material error or injustice.  If no new evidence is found, the ABCMR staff will return the application to the applicant without action. 

3.  The applicant's request was not submitted within 1 year of the ABCMR's action and he has not provided any new evidence for granting a reconsideration of his request to include the Army Commendation Medal and the Army Achievement Medal on his DD Form 214.  Therefore, this portion of his request will be administratively closed without action as he does not meet the criteria for granting a reconsideration and these awards will not be addressed further.

4.  The applicant enlisted in the Regular Army on 16 August 1988, completed training, and was awarded military occupational specialty 63G (Fuel and Electric Systems Repairer/Tank Repairer (M1)).  He served in Southwest Asia from 
5 December 1990 to 18 June 1991.

5.  On 15 February 1992, the applicant was honorably released from active duty under the Fiscal Year 1992 Voluntary Early Transition Program and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation.  He had 3 years and 6 months of active federal service.

6.  His DD Form 214 list his awards as – 

* Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal

7.  The available record does not contain orders for any awards or decorations.
8.  A review of the Awards and Decorations Branch, Unit Awards link at the U.S. Army Human Resources Command website, failed to locate any unit awards for any unit to which the applicant was assigned during his period of service with those units.

9.  Army Regulation 600-8-22 (Military Awards) provides:

   a.  Awards made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army (DA) General Orders.  Awards of decorations and the Good Conduct Medal made by major Army commands and principal Headquarters DA officials will be announced in permanent orders.  Awards of decorations are made according to delegated authority and will be announced in permanent orders by the commanders authorized to make the awards.
   
   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 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 applicant has failed to provide and the record does not contain any evidence that he was authorized or awarded any personal or unit award or decoration not currently shown on his DD Form 214.

2.  However, during his period of service the applicant did serve in Southwest Asia and is authorized the Kuwait Liberation Medal - Kuwait and the Kuwait Liberation Medal - Saudi Arabia.  Therefore, it is appropriate to include these awards on his DD Form 214.

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 the Kuwait Liberation Medal - Kuwait and the Kuwait Liberation Medal - Saudi Arabia to the applicant's DD Form 214.

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 award of any unit awards.  



      ___________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)                                         AR20140002436



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ABCMR Record of Proceedings (cont)                                         AR20140002436



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