IN THE CASE OF:  	 

		BOARD DATE:  29 October 2015	  

		DOCKET NUMBER:  AR20150003262 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Army Commendation Medal (ARCOM) (2nd Award) and the Army Achievement Medal (AAM) (2nd Award).  

2.  The applicant states he believed he was awarded a third AAM, but instead he received a second ARCOM.  In addition, he would like to have proof of authority to wear and display the award. 

3.  The applicant provides:

* DD Form 215 (Correction to DD Form 214)
* A self-authored letter
* Orders 28-1 dated 1 June 1984
* Orders 16-93 dated 25 January 1986
* Orders 35-62 dated 27 February 1986
* DA Form 638-1 (Recommendation for Award)
* DA Forms 4980-14 (ARCOM Certificate)

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 17 February 1983, the applicant enlisted in the Regular Army (RA).  After initial training, he was awarded military occupational specialty (MOS) 95B (Military Police).

3.  On 14 February 1986, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group Reinforcement.  He completed 2 years, 11 months and 28 days of active duty service.  His DD Form 214 shows he received the following awards:

* AAM
* Army Good Conduct Medal (AGCM) (1st Award)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge (Hand Grenade)

4.  On 3 October 1989, he enlisted in the RA in MOS 95B.

5.  On 15 April 1992, he was honorably discharged.  He completed 2 years, 6 months, and 13 days of active duty service.  His DD Form 214 shows:

a. In item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he received the following awards:

* ASR
* National Defense Service Medal (NDSM)
* Army Lapel Button
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (KLM)
* AAM
* AGCM
* OSR

b.  In item 18 (Remarks) – “NA”

6.  On 13 November 1992, the applicant received a DD Form 215 that deleted his AAM and added one ARCOM and the AAM (2nd Award).

7.  Permanent Orders 28-1, Headquarters, United States Army Garrison, Yongsan, APO, San Francisco, CA, dated 1 June 1984, awarded the applicant the AAM (1st Award).

8.  Permanent Orders 16-93, Headquarters, 2nd Armored Division, Fort Hood, TX, dated 25 January 1986, awarded the applicant the AAM (2nd Award).

9.  The applicant provided a copy of Permanent Orders 35-62, Headquarters, 2nd Armored Division, Fort Hood TX, dated 27 February 1986, which awarded him the ARCOM (1st Award).

10.  The applicant provided a copy of DA Form 638-1 from the 24th Military Police Company, Fort Stewart GA,  dated 29 June 1992, which awarded him the ARCOM (2nd Award).

11.  The Gulf War Deployment Roster created by the Defense Manpower Data Center shows he was deployed to Southwest Asia during the period from 
29 August 1990 through 11 April 1991.

12.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The KLM awarded by the Kingdom of Saudi Arabia 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 awarded by the Government of Kuwait 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.

14.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  All decorations, service medals, campaign credits, badges awarded or authorized for each period of service should be entered in item 13 of the DD Form 214.
15.  Army Regulation 635-5 provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show he was awarded an ARCOM (2nd Award) and an AAM (2nd Award) is supported by the evidence in this case. 

2.  The available evidence shows the applicant was deployed to Southwest Asia from 29 August 1990 through 15 April 1991.  Therefore, this period of service should be shown in item 18 of his DD Form 214.

3.  The applicant's record shows he served in Korea and is authorized the KDSM.  

4.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 29 August 1990 to 15 April 1991.  He participated in two campaigns.  He is authorized the:

   •	KLM - Saudi Arabia
   •	KLM - Government of Kuwait

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. Voiding the DD Form 215 dated 13 November 1992.

b. Issuing a new a DD Form 215 to correct his DD Form 214 with an ending date of 15 April 1992 by:

* deleting the ARCOM, AAM, and KLM
* adding the:

* ARCOM (2nd Award)
* AAM (2nd Award)
* KLM – Government of Kuwait
* KLM – Kingdom of Saudia Arabia
* KDSM

* adding to item 18, “SERVICE IN SOUTHWEST ASIA FROM 19900829 – 19910415." 



      __________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)                                         AR20090021304



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ABCMR Record of Proceedings (cont)                                         AR20150003262



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