IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140010505
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the second award of the Army Achievement Medal (AAM), the Kuwait Liberation Medal of Kuwait, and the Kuwait Liberation Medal of Saudi Arabia.
2. The applicant states, in effect:
a. He was awarded the AAM for his service with the 32nd Signal Battalion in Germany for the period June 1988 to June 1990. He was awarded a second AAM for his service with the 426th Signal Battalion, Fort Bragg, NC, as a result of his deployment for the period 8 October 1990 to 11 April 1991 in support of Operations Desert Shield, Desert Storm, and Desert Farewell. The AAM from his unit in Germany was received after his return from the Persian Gulf; therefore, he believes it was never posted to his personnel file. For this reason his DD Form 214 only shows one AAM.
b. Based upon his deployment to the Persian Gulf, he believes he has qualifying service for the award of the Kuwait Liberation Medal of Kuwait and the Kuwait Liberation Medal of Saudi Arabia.
3. The applicant provides two award certificates and a 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 27 August 1987. After completing initial training, he was awarded military occupational specialty 36L (Transportable Automatic Switching Systems Operator/Maintainer). The highest rank/grade held while on active duty was specialist/E-4.
3. Permanent Orders (PO) 170-06, dated 9 October 1990, issued by Headquarters, 32nd Signal Battalion awarded him the AAM for the period 1 June 1988 to 1 June 1990.
4. PO Number 5-01, dated 19 July 1991, issued by Headquarters, 426th Signal Battalion, award him the second AAM.
5. He was released from active duty on 26 August 1991. His DD Form 214 shows completion of 4 years of total creditable active service. It also shows he was deployed to Southwest Asia for the period 8 October 1990 to 11 April 1991. He was awarded or authorized:
* AAM
* Army Good Conduct Medal
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
6. Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards. It states:
a. Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(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 and 28 February 1991.
b. Kuwait Liberation Medal awarded by the Government of Kuwait (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.
7. Army Regulation 600-8-104 (Army Military Human Resources Records Management) prescribes policy and procedures for the filing of documents in the Official Military Personnel File (OMPF). It states orders announcing a military award will be filed in the OMPF.
DISCUSSION AND CONCLUSIONS:
1. His records contain PO for both AAMs, and his DD Form 214 should be corrected to show both awards.
2. He has qualifying service for the award of the Kuwait Liberation Medal of Kuwait and the Kuwait Liberation Medal of Saudi Arabia. His DD Form 214 should be corrected accordingly.
3. Based upon the foregoing, there is sufficient evidence to support granting the requested relief.
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:
a. deleting from his DD Form 214 the entry showing the Army Achievement Medal; and
b. adding to his DD Form 214 the following awards:
* Army Achievement Medal (2nd Award)
* Kuwait Liberation Medal of Kuwait
* Kuwait Liberation Medal of Saudi Arabia
_______ _ 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) AR20140010505
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ABCMR Record of Proceedings (cont) AR20140010505
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