IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100023297 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal with First Oak Leaf Cluster, the Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait.

2.  The applicant states her DD Form 214 was corrected to show the dates of her service in Southwest Asia (SWA), but the awards were not added to her DD Form 214.

3.  The applicant provides two Army Commendation Medal Certificates and a DD Form 215 (Correction to 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 Army National Guard on 19 November 1987.  She was appointed as a Reserve commissioned officer effective 14 May 1989 and was ordered to active duty for a period of 3 years on 25 March 1990.

3.  She provided Army Commendation Medal Certificates that show she was awarded the Army Commendation Medal on 13 April 1991 by Orders 006-004 and on 11 April 1995 by Permanent Orders Number 36-1.  These certificates are also in her official military personnel file.

4.  On 1 June 1995, she was released from active duty.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the following:

* Army Commendation Medal
* National Defense Service Medal
* SWA Service Medal with two bronze service stars
* Army Service Ribbon
* Kuwait Liberation Medal

5.  She was issued a DD Form 215, dated 10 June 2009, that corrected her DD Form 214 to show she served in SWA from 27 September 1990 to 11 April 1991.

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

	a.  an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

	b.  the Kuwait Liberation Medal 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 and 28 February 1991.

	c.  the Kuwait Liberation Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Form 214 should be corrected to show the Army Commendation Medal with First Oak Leaf Cluster, the Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait.

2.  The evidence shows she was awarded the Army Commendation Medal on 13 April 1991 and on 11 April 1995.  Therefore, she is entitled to correction of her DD Form 214 to show the Army Commendation Medal (2nd Award).

3.  Based on her service in SWA, she is also entitled to the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait and to have these awards added to her 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 the evidence presented Is 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 item 13 of her DD Form 214 the Army Commendation Medal and the Kuwait Liberation Medal and

	b.  adding to item 13 of her DD Form 214 the Army Commendation Medal (2nd Award), the Kuwait Liberation Medal-Saudi Arabia, and the 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)                                         AR20100023297



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ABCMR Record of Proceedings (cont)                                         AR20100023297



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