IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150001507
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:
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM)
2. The applicant states the ARCOM and AAM were not included on his
DD Form 214.
3. The applicant provides:
* DA Form 638-1 (Recommendation for Award) for the ARCOM
* DA Form 638-1 (Recommendation for Award) for the AAM
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 3 August 1989, the applicant enlisted in the Regular Army. He completed his initial training as a light wheel vehicle mechanic.
3. A DA Form 638-1, as provided by the applicant, shows that Permanent Order Number 10-92 was published on 2 April 1991, announcing his award of the ARCOM for meritorious achievement during the period 4 January to 28 February 1991. The applicant was cited for his vital role in the successful war readiness of his headquarters battery. At the outbreak of the ground war, he assisted in the construction of convoys that provided a lifeline to the forward elements during combat operations.
4. A DA Form 638-1, as provided by the applicant, shows that Permanent Order Number 21-86 was published on 11 October 1991, announcing his award of the AAM for meritorious service during the period 5 February 1990 to 1 October 1991. The applicant was cited for his high degree of initiative and job proficiency.
5. His DA Form 2-1 (Personnel Qualification Record Part II), shows in Item 9 (Awards, Decorations and Campaigns) award of one each ARCOM and AAM.
6. On 27 August 1992, the applicant was discharged from active duty. His DD Form 214 shows his awards as:
* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
7. Army Regulation 600-8-22 (Military Awards):
a. states 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.
b. 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.
8. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Personnel Qualification Record, Part II are to be entered in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
DISCUSSION AND CONCLUSIONS:
1. Records show that permanent orders were published to announce the applicants award of the ARCOM and AAM. Therefore, they should be shown on his DD Form 214.
2. His DD Form 214 shows the Kuwait Liberation Medal. The KLM-K was approved subsequent to his separation. Therefore, it would be appropriate to add the KLM-K and KLM-SA to his DD Form 214 in lieu of the Kuwait Liberation Medal.
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 amending his DD Form 214 by:
a. deleting the Kuwait Liberation Medal and
b. adding:
* Army Commendation Medal
* Army Achievement Medal
* Kuwait Liberation Medal - Kuwait
* Kuwait Liberation Medal Saudi Arabia
____________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) AR20150000132
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150001507
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100012513
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Commendation Medal (ARCOM) * Kuwait Liberation Medal (awarded by the Government of Kuwait (KLM-K)) * Kuwait Liberation Medal (awarded by the Kingdom of Saudi Arabia (KLM-SA)) 2. He provides copies of: * General orders authorizing the 1st Armored Division Combat Patch to members of his unit who served in Southwest Asia in support of Operation Desert Storm *...
ARMY | BCMR | CY2001 | 2001058624C070421
Applicant was recommended for award of the AAM OLC#1. Evidence of record shows that applicant served in Southwest Asia during the qualifying periods for which award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) are authorized. Evidence of record shows, and the applicant has confirmed, that he was awarded two Army Achievement Medals while in the Army.
ARMY | BCMR | CY2012 | 20120021217
The applicant states she received the Army Commendation Medal (ARCOM), but it was not entered on her DD Form 214. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding...
ARMY | BCMR | CY2006 | 20060001259C070205
The applicant requests, in effect, correction of his records to show that he was awarded the Army Good Conduct Medal, the Army Commendation Medal (ARCOM), the Army Achievement Medal (AAM), and the Cold War Recognition Certificate. He also requests that he be awarded any additional awards and medals to which he is entitled based on his service and that item 5 (Overseas Service), of his DA Form 2-1 (Personnel Qualification Record – Part II), be corrected to show that he served 5 months in...
ARMY | BCMR | CY2014 | 20140016140
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Army Achievement Medal (AAM) * Southwest Asia Service Medal (SWASM) * Kuwait Liberation Medal (KLM) * 1st Armored Division (1st AD) Combat Patch 2. Army Regulation 600-8-22 (Military Awards) states: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards already...
ARMY | BCMR | CY2005 | 20050009397C070206
Orders show he received the first award of the AAM for the period 9 January 1990 through 28 January 1990; the second award of the AAM for the period 15 July 1988 through 5 November 1991; and a third award of the AAM for the period 15 June 1988 through 15 December 1991. Although the evidence of record shows the applicant was awarded ASI "Q9," there is no evidence of record which shows he completed the Traffic Accident Investigation Course. As a result, the Board recommends that all...
ARMY | BCMR | CY2005 | 20050003261C070206
The evidence of record confirms the applicant was awarded the MSM and ARCOM during his active duty tenure, as evidenced by entries in Item 9 of the applicant’s DA Form 2-1 and documents on file in his MPRJ. In this case, the award documents on file in the applicant’s record confirm he served in the primary duty of driver during his assignment to SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the...
ARMY | BCMR | CY2014 | 20140018218
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). 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. 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...
ARMY | BCMR | CY2014 | 20140006133
The evidence of record shows the applicant served in Southwest Asia from 31 December 1990 through 2 May 1991 during the Gulf War; therefore, he served a qualifying period for award of the KLM-SA and the KLM-K and he is entitled to correction of his records to show these awards. 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 the Southwest Asia Service Medal with two bronze service...
ARMY | BCMR | CY2008 | 20080019377
The available evidence shows the applicant completed a qualifying period of service for award of the SWASM. The available evidence also shows the applicant completed a qualifying period of service for award of the KLM-K and KLM-SA. _______ _ 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.