IN THE CASE OF:	   

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140010770 


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) for the period ending 12 June 1991 to show:

	                                                                                                                    a.  award of the Army Commendation Medal (ARCOM), Kuwait Liberation Medal, and Southwest Asia Service Medal (SWASM); and

	b.  his duty assignment with the 1st Infantry Division or 2nd Armored Division Forward.

2.  The applicant states:

* the medals are not recorded on his DD Form 214
* there is no mention of him being attached under the command of the 1st Infantry Division or 2nd Armored Division Forward on his DD Form 214

3.  The applicant provides:

* ARCOM Certificate
* Operation Desert Storm Certificate
* photographs of Kuwait
* statement in support for service connection for post-traumatic stress disorder
* DD Form 214 for the period ending 12 June 1991

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 was ordered to active duty from the U.S. Army Reserve on 29 November 1990 in support of Operations Desert Shield/Desert Storm.  He served as a water treatment specialist.

3.  There are no orders for the ARCOM in the available records.  However, he provided an ARCOM Certificate, dated 24 May 1991, which shows he was awarded the ARCOM for meritorious achievement while serving as a water supply specialist during Operations Desert Shield/Desert Storm in support of the 1st Infantry Division from December 1990 to May 1991.  This certificate shows the award was issued in Permanent Orders Number 23-3.

4.  On 12 June 1991, he was released from active duty.

5.  His DD Form 214 for the period ending 12 June 1991 shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button

6.  Item 18 (Remarks) of his DD Form 214 shows he served in SWA from 24 December 1990 to 18 May 1991.

7.  His DD Form 214 shows his last duty assignment and major command as the 324th Quartermaster Detachment.

8.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows his last duty assignment was the 324th Quartermaster Detachment.

9.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for participation in each of the following campaigns:

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

10.  Army Regulation 600-8-22 states the 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 1991 and 28 February 1991.

11.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The ARCOM Certificate provided by the applicant showing he was awarded the ARCOM in Permanent Orders Number 23-3, dated 24 May 1991, is accepted as sufficient evidence on which to base adding this medal to his DD Form 214 for the period ending 12 June 1991.

2.  Based on the applicant's service in SWA from 24 December 1990 to 18 May 1991, he is authorized award of the SWASM with three bronze service stars, KLM-SA, and KLM-KU.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for granting his request to show his duty assignment with 1st Infantry Division or the 2nd Armored Division Forward on his DD Form 214.



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 adding award of the ARCOM, SWASM with three bronze service stars, KLM-SA, and KLM-KU to his DD Form 214 for the period ending 12 June 1991.

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 amending his DD Form 214 for the period ending 12 June 1991 to show any additional duty assignments.



      _______ _   _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)                                         AR20140010770



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ABCMR Record of Proceedings (cont)                                         AR20140010770



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