IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007849 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 award of the Southwest Asia Service Medal (SWASM), Army Commendation Medal and a Certificate of Commendation. 2. The applicant states that personnel at his last duty station did not list all his awards on his DD Form 214. 3. The applicant provides copies of his Army Commendation Medal Certificate and Certificate of Commendation. 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army on 30 January 1990. He held military occupational specialty 12B (Combat Engineer). 3. He was honorably released from active duty on 21 May 1994 as a specialist/E-4. He had completed 4 years, 3 months, and 22 days of active duty service. His DD Form 214 shows in: a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Army Good Conduct Medal, Army Achievement Medal, Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badges with Rifle and Grenade Bars; and b. item 18 (Remarks), no deployment entry. 4. His name is listed on the Gulf War Roster showing he served in Saudi Arabia/Kuwait from 13 February to 20 June 1991. 5. In support of his request he provides: a. A certificate showing he was awarded the Army Commendation Medal on 17 May 1991 for meritorious achievement as an M-60 gunner during Operation Desert Storm from 17 January through 4 March 1991. He did not provide the award orders. b. A Certificate of Commendation showing he served with distinction with the VII Corps fighting for the liberation of Kuwait during Operation Desert Storm. 6. A review of the available records failed to reveal any orders showing he was awarded the Army Commendation Medal. 7. Army Regulation 600-8-22 (Military Awards) states: a. the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. the SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and its contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. c. A bronze service star is authorized for wear with this medal for participation in each credited campaign. His deployment coincided with the following two campaigns– * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Southwest Cease-Fire (12 April 1991 to 30 November 1995) d. 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. e. the Kuwait Liberation Medal awarded by the Government of Kuwait (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. f. Commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing Soldiers certificates of commendation or achievement. Commanders can design local certificates of achievement or commendation to show participation in an exercise or similar activity. 8. Army Regulation 635-5 (Personnel Separations - Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18. For personal decorations, those announced in orders will be added to the DD Form 214 unless it is a service ribbon authorized by the Secretary of the Army or Department of Defense. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant served a qualifying period of service for award of the SWASM with two bronze service stars, KLM-SA and the KLM-KU. His DD Form 214 should be corrected to show these awards. 2. The Gulf War Roster shows he served in Southwest Asia from 13 February to 20 June 1991. His DD Form 214 should be corrected accordingly. 3. While the applicant provided a certificate showing he was awarded the Army Commendation Medal, there is no available order announcing the applicant was awarded the medal by proper authority. Therefore, his DD Form 214 cannot be corrected to show this award at this time. He may request reconsideration of this Board’s decision provided he submits an order that announcement this award. 4. The Certificate of Commendation should not be added to his DD Form 214 as there is no regulatory guidance authorizing its addition. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. adding the SWASM with two bronze service stars, KLM-SA and the KLM-KU to his list of authorized awards; and b. adding to item 18 of his DD Form 214: "SERVICE IN SOUTHWEST ASIA 19910213-19910620." 2. The Board further determined 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 correction his DD Form 214 to show the Army Commendation Medal and Certificate of Commendation. _______ _ _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) AR20110011043 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007849 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1