IN THE CASE OF:  	  

		BOARD DATE:  9 June 2015	  

		DOCKET NUMBER:  AR20140015673 


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 his service in Operations Desert Storm, the Army Commendation Medal, and the Army Achievement Medal.

2.  The applicant states this information was left off his DD Form 214 by accident.

3.  The applicant provides:

* Permanent Orders 05-01, dated 4 May 1994
* Army Achievement Medal Certificate, dated 1 October 1992
* National Personnel Records Center letter, dated 18 August 2014
* DD Form 214, dated 5 July 1994
* DA Form 638-1 (Recommendation for Award of the Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal)dated 3 June 1994
* Permanent Orders 489-007, dated 14 June 1994

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 6 July 1990.  He completed training as an M-1 armor crewman.

3.  The applicant provides a copy of a certificate that shows the Army Achievement Medal was awarded to him on 1 October 1992.  However, he does not provide orders and there are no orders in his record awarding him the Army Achievement Medal.  He also provides a copy of Permanent Orders 489-007 awarding him the Army Commendation Medal (Third Oak Leaf Cluster) on 14 June 1994.

4.  The applicant was honorably released from active duty on 5 July 1994.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

5.  Item 18 (Remarks) does not list his service in the Gulf War.

6.  Information retrieved from the Gulf War Deployment Roaster maintained on the Army Review Boards Agency portal shows the applicant's deployment dates as 1 January 1991 through 4 June 1991 and from 1 August 1991 through 31 August 1991.

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

	a.  The Army Achievement Medal is awarded to members 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  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 designated campaigns are:

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

	c.  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.

	d.  The 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.

8.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.  It stated:

	a.  In item 13 enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  

	b.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.  Only deployment in an imminent danger/hostile fire zone will be reflected.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention has been noted.  His supporting evidence has been considered.

2.  While the applicant provides a copy of a certificate that shows he was awarded the Army Achievement Medal, he does not provide orders and a review of his records fails to show orders awarding him the Army Achievement Medal.  Without orders, it would not be appropriate to add this award on his DD Form 214.

3.  The applicant provides a copy of the orders awarding him the Army Commendation Medal (Third Oak Leaf Cluster).  It would be appropriate to add this award on his DD Form 214 along with the award he earned for his participation in the Gulf War.

4.  He participated in the Operation Desert Storm and his dates of service should also be added 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 that 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 amending his DD Form 214, dated 5 July 1994.

	a.  In item 13 – add:

* Army Commendation Medal (Third Oak Leaf Cluster)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	b.  In item 18 – add "SERVICE IN THE PERSIAN GULF FROM 19910101-19910604 AND 19910801–19910831."

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 Army Achievement Medal.



      ___________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)                                         AR20140015673



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140015673



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1