IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140007754
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:
* Legion of Merit
* Kuwait Liberation Medal
* Korea Defense Service Medal
2. The applicant states the Legion of Merit was received upon retirement and the Kuwait Liberation Medal and Korea Defense Service Medal were both approved shortly prior to his retirement.
3. The applicant provides his DD Form 214 ending on 30 June 1995 and Permanent Orders (PO) A-214-7 dated 2 August 1995.
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 enlisted service, the applicant was appointed as a Reserve warrant officer of the Army with concurrent call to active duty and executed an oath of office on 30 January 1981.
3. He served in a variety of stateside or overseas assignments and he attained the rank of chief warrant officer four (CW4). His overseas assignments included service in:
* Southwest Asia, from 26 August 1990 to 31 March 1991
* Korea, from October 1984 to November 1985
4. He retired by reason of permanent physical disability on 30 June 1995 and he was placed on the Retired List in his retired rank of CW4 on 1 July 1995. His DD Form 214 shows he was awarded or authorized the:
* Meritorious Service Medal (4th Award)
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Good Conduct Medal (3rd Award)
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with 2 bronze service stars
* Humanitarian Service Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon w/Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon (3rd award)
* Kuwait Liberation Medal
* Parachutist Badge
5. PO A-214-7, issued by Headquarters, III Corps, Fort Hood, TX, on 2 August 1995, awarded him the Legion of Merit for service from 1 July 1985 to 30 June 1995.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense
b. 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.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. PO awarded him the Legion of Merit for meritorious service from 1 July 1985 to 30 June 1995. This award is not listed on his DD Form 214, ending on 30 June 1995. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He served in Korea from October 1984 to November 1985. This period of service qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show it
3. He served in Southwest Asia from 26 August 1990 to 31 March 1991. This period of service qualifies him for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. Although his DD Form 214 lists the Kuwait Liberation Medal, it does not show what country awarded it. As a matter of clarity, this entry should be deleted and his DD Form 214 should be corrected to show the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
* deleting from his DD Form 214 ending on 30 June 1995 the Kuwait Liberation Medal
* adding to his DD Form 214 ending on 30 June 1995 the:
* Legion of Merit
* Korea Defense Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
__________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) AR20140007754
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140007754
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012961
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal and the second award of the Meritorious Service Medal. The evidence of record confirms the applicant was awarded the Meritorious Service Medal (2nd Award) while his DD Form 214 only shows one award of the medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD...
ARMY | BCMR | CY2013 | 20130018992
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) his award of the Legion of Merit and b. item 18 (Remarks) his participation in the Panama Campaign (Operation Just Cause), Operations Desert Shield/Desert Storm, Defense of Saudi Arabia Campaign, and Liberation and Defense of Kuwait Campaign. Item 13 of his DD Form 214 shows he...
ARMY | BCMR | CY2013 | 20130014866
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 and Kuwait Liberation Medal (Kuwait). The applicant's DA Form 2-1 shows in: a. item 5 (Oversea Service): * Korea from 25 January 1985 through 7 May 1986 * Germany from 28 January 1990 through 27 January 1993 * Southwest Asia (SWA) from 5 December 1990 through 30 April 1991 b. item 9 (Awards, Decorations and Campaigns) does not show the...
ARMY | BCMR | CY2011 | 20110021112
Records show the applicant served a qualifying period of service for award of the Korea Defense Service Medal. Records show the applicant served a qualifying period of service for award of Southwest Asia Service Medal with three bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 for the period ending 30 September 1991 to show: * Vietnam Service Medal with two bronze service...
ARMY | BCMR | CY2011 | 20110005938
BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110005938 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting...
ARMY | BCMR | CY2008 | 20080001326
The applicant provides a copy of his personal statement; DD Form 214 (Discharge Document) from the U.S. Marine Corps; NGB Form 22 (Report of Separation and Record of Service); DD Form 214 and DD Form 215 (Correction to the DD Form 214); DA Form 638 (Recommendation for Award) for the Bronze Star Medal with proposed narrative; two memoranda, dated 4 February 1994 and 30 January 1995 that recommends approval for award of the Bronze Star Medal; DA Form 638 (Recommendation for Award) for the...
ARMY | BCMR | CY2010 | 20100006993
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Army Commendation Medal (ARCOM), * three Army Achievement Medals (AAM) * Korea Defense Service Medal * National Defense Service Medal * Southwest Asia Service Medal with three bronze service stars * three Overseas Service Ribbons * Valorous Unit Award 2. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is...
ARMY | BCMR | CY2012 | 20120020576
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. His DD Form 214 currently lists the Kuwait Liberation Medal with no clear indication of who issued or awarded it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2009 | 20090011514
The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The evidence of record shows the applicant served in Southwest Asia from 16 January 1991 to 7 May 1991 and was awarded the Southwest Asia Service Medal. The evidence of record shows the applicant served in Southwest Asia during the Gulf War from 16 January 1991 to 7 May 1991; therefore, he served a...
ARMY | BCMR | CY2011 | 20110002396
The applicant states she deployed overseas during the period September 1990 to April 1991; however, her overseas service and awards are not recorded on her DD Form 214. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of her DD Form 214 the National Defense...