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 applicant’s 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