IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140003427 


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 the:

* Kuwait Liberation Medal - Kuwait
* Overseas Service Ribbon
* Army Achievement Medal
* Army Commendation Medal

2.  The applicant states:

* his peers of the 72nd Engineer Company, 197th Infantry Brigade, were awarded the Kuwait Liberation Medal (Kuwait); he was not
* the criteria for award of the Overseas Service Ribbon was changed in 1996; it can be issued for time served in a combat zone 
* he received an Army Achievement Medal for being the mechanic of the quarter but it is not listed on his DD Form 214
* he received the Army Commendation Medal for meritorious service after he was discharged 

3.  The applicant provides 

* DA Form 638 (Recommendation for Award)
* Printout for the Kuwait Liberation Medal
* Printout of the Overseas Service Ribbon

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.  Having had prior service, the applicant enlisted in the Regular Army on 2 October 1989.  He held military occupational specialty 63Y (Track Vehicle Mechanic). 

3.  He served in Southwest Asia from 22 August 1990 to 29 March 1991 (7 months and 8 days).  He was assigned to the 72nd Engineer Company. 

4.  His records contain multiple awards issued by the Permanent Orders (PO) listed below as follows: 

* PO 207-19, issued by Headquarters, 3rd Brigade, 24th Infantry Division, on 26 July 1992, awarding him the Army Commendation Medal for meritorious service in support of Operations Desert Shield/Storm
* PO Number 11-14, issued by Headquarters, 317th Engineer Battalion, on 18 November 1992, awarding him the Army Achievement Medal for meritorious achievement
* PO Number 22-2, issued by Headquarters, 317th Engineer Battalion, on 22 July 1993, awarding him the Army Achievement Medal for meritorious achievement as the Engineer Brigade Mechanic of the Quarter
* PO Number 7-8, issued by Headquarters, 317th Engineer Battalion, on 4 June 1993, awarding him the Army Achievement Medal for meritorious service

5.  He was honorably discharged from active duty on 1 October 1993.  His
DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal (2nd Oak Leaf Cluster) 
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Lapel Button
* Kuwait Liberation Medal (Saudi Arabia)
* Southwest Asia Service Medal with 2 bronze service stars

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  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.

	c.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal and the Army Commendation Medal. 

7.  Army Regulation 600-8-22 also states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all Soldiers are eligible for the award for successful completion of overseas tours.  Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

8.  A Frequently Asked Questions Document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed to Iraq or Afghanistan.  The document states "Question:  How long do I have to serve in Iraq or Afghanistan to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq or Afghanistan in a temporary change of station/tour of duty status get credit for a complete short tour.  Your reference is Army Regulation 614-30, Tables 3-2, rules 5 and 7.  Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by Department of Defense; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Southwest Asia from 22 August 1990 to 29 March 1991.  Based on his service in Southwest Asia he served during a qualifying period for award of the Kuwait Liberation Medal (Kuwait).  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  PO awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  His records show he was awarded three Army Achievement Medals, including the one he was awarded for being selected as the Engineer Brigade Mechanic of the Quarter. His DD Form 214 already shows the Army Achievement Medal (2nd Oak Leaf Cluster) to designate three awards.  There is no evidence in his records and he provides none to show a fourth award.  

4.  The current guidance provides for award of the Overseas Service Ribbon for combat service in Afghanistan or Iraq; however, he completed 7 months and 8 days of service in Southwest Asia which falls short of the 9 consecutive months needed under current standards.  Therefore, he is not entitled to this award. 

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 to his DD Form 214 the Army Commendation Medal and the Kuwait Liberation Medal (Kuwait). 

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 the Overseas Service Ribbon and an additional award of the Army Achievement 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)                                         AR20140003427



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003427



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1