IN THE CASE OF:	  

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140006133 


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 Discharge from Active Duty) to list all ribbons and/or awards he earned while serving on active duty.  

2.  The applicant states he:

* was supposed to receive the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K)
* may have received the Army Achievement Medal (AAM)
* would like to have his medals sent to him as he has not received them
  
3.  The applicant provides a copy of 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 on 21 July 1988.  He completed basic combat and advanced individual training and was awarded military occupational specialty 19D.  The highest rank he attained while serving on active duty was specialist/E-4.

3.  Records show he served in Southwest Asia in support of Operations Desert Shield/Storm from 31 December 1990 until 2 May 1991.  During that period he was assigned to Headquarters and Headquarters Company, 1st Battalion, 35th Armor.

4.  He was honorably released from active duty on 20 December 1991.  
The applicant’s DD Form 214 shows the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* Army Commendation Medal

5.  His record is void of a DA Form 638 (Award Recommendation) or orders awarding him the AAM.

6.  Department of the Army General Orders Number 12, dated 13 May 1994, awarded the Valorous Unit Award (VUA) to the 1st Battalion, 35th Armor, for the period 26 to 28 February 1991.  

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

	a.  The KLM-SA 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 KLM-K 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 Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area 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 campaigns are:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991) 
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

	d.  The Army Achievement Medal is awarded to any member 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.
  
DISCUSSION AND CONCLUSIONS:

1. The evidence of record shows the applicant served in Southwest Asia from 31 December 1990 through 2 May 1991 during the Gulf War; therefore, he served a qualifying period for award of the KLM-SA and the KLM-K and he is entitled to correction of his records to show these awards.

2.  Records show the applicant served a qualifying period of service for award of Southwest Asia Service Medal with three bronze service stars.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 December 1991 to show this award with three bronze service stars rather than two bronze service stars as currently shown.

3.  The applicant's records are void of evidence showing he was recommended for or awarded the AAM and he did not provide any additional documents to substantiate award of the AAM.

4.  Absent a signed DA Form 638, orders awarding him the AAM, or official documentation confirming that such orders were published, there is no basis for granting this portion of the requested relief.

5.  He was assigned to the 1st Battalion, 35th Armor, during a period for which the unit was awarded the VUA.  He is entitled to correction of his DD Form 214 to show this unit 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 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 his DD Form 214 the Southwest Asia Service Medal with two bronze service stars; 

     b.  adding to his DD Form 214 – 

* Kuwait Liberation Medal (Saudi Arabia) 
* Kuwait Liberation Medal (Kuwait)
* Southwest Asia Service Medal with three bronze service stars
* Valorous Unit Award

     c.  issuing to him all awards listed on his 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 the AAM.



      ____________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)                                         AR20140006133



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140006133



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1