IN THE CASE OF:  	  

		BOARD DATE:  9 October 2014  	  

		DOCKET NUMBER:  AR20140003666 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Army Commendation Medal with "V" Device, campaign credit for Desert Shield and Desert Storm, and the Kuwait Liberation Medal.

2.  The applicant states, in effect, she is not recognized as a combat veteran with the Department of Veterans Affairs because her awards are not properly reflected on her DD Form 214.  She was a victim of burglary and is no longer in possession of her medals, awards, and citations.  She would like to have her medals, awards, and citations replaced and made a part of her permanent record.

3.  The applicant provides no additional evidence.

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 U.S. Army Reserve (USAR) on 17 March 1988, held military occupational specialty 91A (Medical Specialist), and attained the rank/grade of specialist/E-4.  

3.  Her DA Form 2-1 (Personnel Qualification Record – Part II) shows:

	a.  She served in Saudi Arabia from 22 January 1991 to 26 March 1991 and participated in the Liberation and Defense of Kuwait campaign.

	b.  She was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal (Saudi Arabia)

4.  Her record does not contain a recommendation for or orders awarding her the Army Commendation Medal with "V" Device.

5.  Her record contains a DD Form 214 and DD Form 215 (Correction to 
DD Form 214) showing she entered active duty on 27 December 1990.  Her 
DD Form 214 and DD Form 215 also show:

	a.  She was ordered to active duty in support of Operations Desert Shield/Desert Storm and served in Southwest Asia from 22 January 1991 to 
26 March 1991.

	b.  She was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Ribbon
* Southwest Asia Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Army Regulation 600-8-22 (Military Awards) states:


	a.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.

	c.  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; and 

	d.  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.

	e.  the Southwest Asia Service Medal 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) 
* Southwest Cease-Fire (12 April 1991 to 30 November 1995)

7.  The ABCMR corrects records; the Board does not issue medals or badges.  Any questions or concerns regarding replacement medals and badges should be referred to the appropriate agency.  Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center 


will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, MO 63138.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA 19111.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence of record and the applicant did not provide sufficient evidence to show she was recommended for or awarded the Army Commendation Medal with "V" Device.  As with all personal decorations, award of the Army Commendation Medal with "V" Device requires a formal recommendation, approval through the chain of command, and announcement in orders. 

2.  She served in Southwest Asia from 22 January 1991 to 26 March 1991, a qualifying period of service for the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  Therefore, her DD Form 214 should be corrected to show these awards.

3.  The evidence of record shows she received campaign credit for the Liberation and Defense of Kuwait campaign, as evidenced by her award of the Southwest Asia Service Medal with one bronze service star; therefore, there is no correction necessary with regard to awarding her campaign credit.

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 (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) to her DD Form 214 for the period ending on 13 April 1991.

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 Army Commendation Medal with "V" Device.



      ____________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)                                         AR20140003666





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ABCMR Record of Proceedings (cont)                                         AR20140003666



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