IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140018218
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 he was awarded the Army Commendation Medal (ARCOM).
2. The applicant states the ARCOM was left off his DD Form 214.
3. The applicant provides copies of:
* A DA Form 638 (Recommendation for Award of Legion of Merit and Below) dated 16 July 1991
* A DA Form 4980 (Certificate for Award of the ARCOM) dated 22 August 1991
* A State of Illinois Department of Veterans' Affairs Claim concerning discharge and medal, dated 8 October 2014
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. On 25 March 1985, the applicant enlisted in the U.S. Army Reserve (USAR), as a private, pay grade E-1.
3. The applicant completed basic combat training during June to July 1985. On 6 August 1986, he commenced advanced individual training and was subsequently award military occupational specialty 64C (Motor Transport Operator). He was released from active duty (REFRAD) training on 10 October 1986. His DD Form 214 for this period of service shows his awards as:
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Service Ribbon
4. The applicant was promoted to sergeant, pay grade E-5 on 16 February 1990.
5. On 6 February 1991, the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm. He served in Southwest Asia during the period 15 February to 15 April 1991. On 16 May 1991, he was REFRAD and returned to his USAR unit. His DD Form 214 for this period of service, as previously corrected by DD Form 215 (Correction to DD Form 214), shows his awards as:
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
* Army Reserve Component Achievement Medal
* Southwest Asia Service Medal with two Bronze Service Stars
* Kuwait Liberation Medal
6. A DA Form 638 and a corresponding award certificate, as provided by the applicant, indicate that Orders Number 165-22, 22nd Support Command, dated 22 August 1991, announced the award of the ARCOM to the applicant for meritorious service in support of military operations against a hostile force from 16 February to 17 April 1991.
7. Army Regulation 600-8-22 (Military Awards):
a. 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 in Southwest Asia between 17 January 1991 and 28 February 1991.
b. 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 in Southwest Asia between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he was awarded the ARCOM.
2. The available evidence shows the applicant was awarded the ARCOM for his meritorious service while in Southwest Asia from 15 February to 15 April 1991. Therefore, this medal should be shown on his DD Form 214 ending in May 1991.
3. Records show the applicant served during qualifying periods for award of the KLM-SA and the KLM-K. Therefore, these two foreign awards should be shown on his DD Form 214.
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 ending in 1991 the Kuwait Liberation Medal; and
b. showing that, in addition to the awards already shown on this same
DD Form 214, his authorized awards include:
* Army Commendation 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) AR20140018218
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018218
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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