IN THE CASE OF:  	  

		BOARD DATE:  30 July 2015	  

		DOCKET NUMBER:  AR20140020900 


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 the Cold War Victory Medal (i.e., the Cold War Recognition Certificate), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the awards were not included on his DD Form 214.  He would like to have his DD Form 214 updated reflecting his proper service awards because he earned them.

3.  The applicant provides his 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 19 August 1986.  He completed initial entry training and was awarded military occupational specialty (MOS) 24N (Chaparral System Mechanic).  

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in: 

	a.  item 5 (Oversea Service), he was stationed in Germany from 24 March 1987 to 18 August 1991.

	b.  item 9 (Awards, Decorations and Campaigns), no entry for award of the KLM-SA or KLM-KU.

4.  He was released from active duty on 9 August 1991.  His DD Form 214 shows award of the Army Service Ribbon, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Commendation Medal, and Southwest Asia Service Medal. 

5.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This database shows the applicant served during Operation Desert Shield/Desert Storm from 2 January 1991 through 31 March 1991.

6.  Army Regulation 600-8-22 (Military Awards), paragraph 10-12, states Public Law 105–85, Section 1084, established a Cold War Recognition Certificate to recognize all Service members of the U.S. Armed Forces and qualified Federal Government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The Cold War Recognition System Web page announces the program and provides instructions for individual requests.  See their home-page at: https://www.hrc.army.mil/site/active/TAGD/coldwar.default.htm.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.
8.  Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, 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)

	a. the 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.

	b. the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the Cold War Recognition Certificate to his DD Form 214 is acknowledged.  Only decorations, medals, and ribbons are listed on the DD Form 214.  Therefore, the Cold War Recognition Certificate is not authorized to be added to his DD Form 214.

2.  The DMDC shows the applicant served during Operation Desert Shield/Desert Storm from 2 January 1991 through 31 March 1991.  Therefore, he served a period of qualifying service for award of the KLM-SA and KLM-KU.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He was awarded the Southwest Asia Service Medal during his active duty service and participated in two campaigns during this service.  Therefore he is entitled to two bronze service stars for wear on his already-awarded Southwest Asia Service Medal and correction of his DD Form 214 to show these service stars. 



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:

* Deleting from his DD Form 2114 the Southwest Asia Service Medal

* Adding to his DD Form 214 the Southwest Asia Service Medal with two bronze service stars, KLM-SA, and KLM-KU.

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 adding the Cold War Recognition Certificate to his DD Form 214.



      __________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)                                         AR20140020900





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