IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140004990 


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 (KLM) from the governments of both Kuwait and Saudi Arabia, and four awards of the Army Achievement Medal (AAM) (i.e., AAM (3rd Oak Leaf Cluster (OLC)).

2.  The applicant states the KLM is recorded on his DD Form 214.  When he requested his medals, he was issued the KLM awarded by the Kingdom of Saudi Arabia (KLM–SA).  The KLM awarded by the Government of Kuwait (KLM–K) was authorized after he was released from active duty (REFRAD).
He received four awards of the AAM; however, his DD Form 214 only shows three awards of the AAM (i.e., AAM (2nd OLC)).

3.  The applicant provides copies of four DA Forms 4980-18 (AAM Certificates) and his DD Form 214.

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 (RA) on 20 August 1987 for a period of 3 years.  He was awarded military occupational specialty 16S (MANPADS Crewmember).  He reenlisted in the RA on 30 March 1990 and was promoted to sergeant/pay grade E-5 on 1 July 1990.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in –

* item 5 (Oversea Service) –

* Germany from 6 January 1988 through 3 August 1990
* Saudi Arabia from 15 October 1990 through 21 March 1991

* item 9 (Awards, Decorations and Campaigns) the –

* AAM (3rd Award)
* it does not show the KLM

4.  A review of the applicant's military personnel records revealed permanent orders (PO) that awarded him the AAM for meritorious achievement, as follows –

* Headquarters, 3rd Battalion, 52nd Air Defense Artillery (ADA) –

* PO 46-1, dated 10 April 1990 – the AAM from 29 January 1990 to 
2 February 1990
* PO 68-1, dated 22 June 1990 – the AAM (1st OLC) on 27 March 1990

* Headquarters, U.S. Army ADA Center, Fort Bliss, TX, PO 22-13, dated 
1 February 1991 – the AAM (2nd OLC) on 10 October 1990

5.  His DD Form 214 shows he was honorably REFRAD on 13 February 1992, for the convenience of the government based upon the Fiscal Year 1992 Early Transition Program, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 4 years, 5 months, and 24 days of net active service during this period that included 3 years and 5 days of foreign service.  It also shows in –


* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the –

* Army Commendation Medal
* AAM (2nd OLC)
* Army Good Conduct Medal
* National Defense Service Medal
* Valorous Unit Award
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar
* KLM

* item 18 (Remarks):  Service in Southwest Asia from 15 October 1990 to 21 March 1991

6.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded a fourth award of the AAM (i.e., AAM (3rd OLC)).  This review revealed he was authorized the KLM; however, the issuing government is not indicated.

7.  In support of his application the applicant provides four AAM Certificates (sans PO numbers) that show he was awarded the AAM, as follows –

* for outstanding performance from 26 January 1990 to 2 February 1990, issued on 3 April 1990
* for outstanding achievement in March 1990, issued on 13 June 1990
* for meritorious achievement from 2 August 1990 to 27 September 1990, issued on 12 October 1990
* for outstanding performance from 18 October 1990 to 5 February 1992, issued on 21 January 1992

8.  In the processing of the applicant's request, a member of the ABCMR staff contacted the applicant via email and requested copies of award orders he might have to support his request.  To date, the applicant has failed to provide a response or any additional award orders.


9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The AAM is awarded to members of the Armed Forces of the United States, who while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  An OLC is awarded to denote the second and each succeeding award of the AAM.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The KLM awarded by the Kingdom of Saudi Arabia (KLM–SA) was approved on 3 January 1992 and was 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 KLM awarded by the Government of Kuwait (KLM–K) was approved on 9 November 1995 and was 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 contends that his DD Form 214 should be corrected to show four awards of the AAM, the KLM–SA, and the KLM–K.

2.  The evidence of record shows that permanent orders awarded the applicant three awards of the AAM (i.e., AAM (2nd OLC)).

   a.  The applicant provides four AAM certificates indicating he received four awards of the AAM.  However, there is no evidence of record (specifically, permanent orders) to substantiate a fourth award of the AAM.
   
   b.  The applicant was contacted in an effort to obtain a copy of the order pertaining to a fourth award of the AAM; however, the applicant failed to respond to the request.

   c.  The governing Army regulation is clear that award of a personal decoration requires announcement of the award in orders.  The evidence of record fails to satisfy this requirement.

   d.  Thus, there is an insufficient evidentiary basis to correct the applicant's records to show he was awarded a fourth AAM (i.e., the AAM (3rd OLC)).

3.  The evidence of record shows the applicant qualified for award of the KLM-SA and the KLM-K.  His DD Form 214 shows the KLM.  Thus, it would be appropriate to correct his DD Form 214 to show the KLM–SA and the KLM–K.

4.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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:

   a.  deleting from item 13 of his DD Form 214 the "Kuwait Liberation Medal" and

	b.  adding to item 13 of his DD Form 214 the following awards –

* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait

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 a fourth 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)                                         AR20140004990



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ABCMR Record of Proceedings (cont)                                         AR20140004990



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