BOARD DATE:	  7 January 2015

		DOCKET NUMBER:  AR20140005104 


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 Korea Defense Service Medal, Kuwait Liberation Medal, Army Superior Unit Award (2nd Award), and Meritorious Service Medal (5th Award).  He also requests award of the Cold War Recognition Certificate.

2.  The applicant states:

	a.  He served in Korea from 1971 to 1972, but he never received the Korea Defense Service Medal.

	b.  He served in Operations Desert Shield and Desert Storm, but he never received the Kuwait Liberation Medal.

	c.  He was assigned to the 13th Signal Battalion from May 1986 to May 1989, but he never received the second Army Superior Unit Award.

	d.  He saw orders for his last Meritorious Service Medal, but his DD Form 214 does not show the award.

	e.  He never received the Cold War Recognition Certificate.

3.  The applicant provides his DD Form 214 for the period ending 31 July 1995 and Department of the Army General Orders Number 15, dated 10 October 1990.

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 requested award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. 
Based on this information, his request for award of the Cold War Recognition Certificate will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 23 July 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 31 October 1971 to 20 November 1972.

5.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to the 13th Signal Battalion, Fort Hood, TX, from 23 June 1986 to 3 May 1989.

6.  Department of the Army General Orders Number 15, dated 10 October 1990, awarded the Army Superior Unit Award to the 13th Signal Battalion, Fort Hood, TX, for meritorious service during the period 1 October 1987 to 30 September 1989.

7.  His DA Form 2-1 also shows he served in Southwest Asia (SWA) from 16 October 1990 to 28 February 1991.

8.  He retired for length of service on 31 July 1995.  His final DD Form 214 for the period ending 31 July 1995 shows he was awarded or authorized the:

* Defense Meritorious Service Medal
* Meritorious Service Medal (4th Award)
* Army Commendation Medal
* Army Achievement Medal (2nd Award)
* Joint Meritorious Unit Award
* Meritorious Unit Commendation
* Army Superior Unit Award
* Army Good Conduct Medal (8th Award)
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* SWA Service Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Kuwait Liberation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol, Small Bore Bar
* Driver and Mechanic Badge with Driver-W Bar

9.  There are no orders or any other evidence in the applicant's military records indicating he is authorized a second Army Superior Unit Award or that he was awarded a fifth Meritorious Service Medal.

10.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.

	e.  The Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines "peacetime" as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Korea Defense Service Medal, Kuwait Liberation Medal, Army Superior Unit Award (2nd Award), and Meritorious Service Medal (5th Award) has been carefully considered.

2.  Based on his service in Korea from 31 October 1971 to 20 November 1972, he is authorized award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

3.  The evidence shows he served in SWA from 16 October 1990 to 28 February 1991 and his DD Form 214 includes the Kuwait Liberation Medal; however, subsequent to his retirement, the Kuwait Liberation Medal awarded by the Government of Kuwait and the Kingdom of Saudi Arabia were approved.  Therefore, his DD Form 214 should be corrected by deleting the current Kuwait Liberation Medal and replacing it with the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.

4.  There is no evidence in the applicant's available military records and he failed to provide evidence indicating he was awarded a fifth award of the Meritorious Service Medal.  Therefore, there is an insufficient basis for granting this portion of his requested relief.

5.  General orders show the 13th Signal Battalion was awarded the Army Superior Unit Award during a period the applicant was assigned to this unit and his DD Form 214 includes this award; however, there is no evidence in his military records and he provided none indicating he is authorized a second Army Superior Unit Award.  Therefore, there is no basis to correct his DD Form 214 to show award the Army Superior Unit Award (2nd Award).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 his DD Form 214 for the period ending 31 July 1995 award of the Kuwait Liberation Medal; and

	b.  adding to his DD Form 214 for the period ending 31 July 1995 the:

* Korea Defense Service Medal
* 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 adding an additional award of the 


Meritorious Service Medal (5th Award) or Army Superior Unit Award (2nd Award) to his DD Form 214 for the period ending 31 July 1995.



      ___________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)                                         AR20140005104



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005104



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1