BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140013488
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 Meritorious Service Medal.
2. The applicant states this medal was omitted from his DD Form 214.
3. The applicant provides his DD Form 214, page 1 of a DA Form 638-1 (Recommendation for Award), and two award certificates.
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 prior active service, the applicant enlisted in the Regular Army on 20 December 1977. He served through several reenlistments and/or extensions and he was promoted to the rank/grade of sergeant first class (SFC)/E-7 effective 1 June 1993. He was assigned to the 401st Military Police (MP) Company, 720th MP Battalion, III Corps and Fort Hood, Fort Hood, TX.
3. He was honorably retired on 30 June 1995 in the rank of SFC and he was placed on the Retired List effective 1 July 1995.
4. His DD Form 214 for the period ending 30 June 1995 does not show award of the Meritorious Service Medal. It does show, however, that he was awarded or authorized the Southwest Asia Service Medal with three bronze service stars.
5. Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 15 December 1990 to 7 May 1991.
6. The applicant provided a Meritorious Service Medal Certificate, dated 20 July 1995, which shows III Corps and Fort Hood Permanent Order A-199-5 awarded him the Meritorious Service Medal for exceptionally meritorious service from 1 July 1985 to 30 June 1995.
7. Army Regulation 600-8-22 (Military Awards) states:
a. The Kuwait Liberation Medal-Saudi Arabia, 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.
b. The Kuwait Liberation Medal-Kuwait, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a Meritorious Service Medal Certificate that shows permanent orders awarded him the Meritorious Service Medal which is not shown his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this medal.
2. He served in Southwest Asia during a qualifying period for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait. Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.
BOARD VOTE:
___x_____ _x_______ _x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the following awards to his DD Form 214:
* Meritorious 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) AR20140013488
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ABCMR Record of Proceedings (cont) AR20140013488
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