BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000770 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000770 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented was 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: * adding the following awards to item 13 of his DD Form 214: * Army Commendation Medal * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait * adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901013-19910424" to item 18 of his DD Form 214 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 of his DD Form 214 to show a second award of the Army Commendation Medal. ____________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. BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000770 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 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Army Commendation Medal. 2. The applicant states he was awarded the first award of the Army Commendation Medal for his service during the Gulf War. His unit in Germany awarded him a second Army Commendation Medal upon his expiration of term of service. He can only locate evidence of the first award of the Army Commendation Medal. He discovered the error on his DD Form 214 when he applied for a Department of Veterans Affairs loan. He was unable to locate evidence of the second award because he lost some items in a fire. He worked hard for these medals and would really like them listed on his DD Form 214 for his family and for listing on his headstone. He hopes there is some evidence of these awards in his military records. It is a matter of great pride that he earned these awards. There could possibly be copies in his personnel file. 3. The applicant provides an Army Commendation Medal Certificate and a photograph of a uniform with the ribbons. 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 Regular Army on 14 October 1986 and he held military occupational specialty 88M (Motor Transport Operator). He served in: * Germany from 27 February 1987 to 28 February 1989 * Saudi Arabia from 13 October 1990 to 24 April 1991 3. He provided: a. an Army Commendation Medal Certificate showing Headquarters, 594th Transportation Company, 29th Transportation Battalion,101st Support Group (Corps), Order Number 182-485, dated 1 July 1991, awarded him the Army Commendation Medal for exceptionally meritorious achievement while engaged in combat service support operations against an enemy during Operation Desert Storm as a vehicle operator from 17 January to 8 March 1991; and b. a photograph of his military uniform showing two Army Commendation Medals. 4. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 Personnel Qualification Record – Part II) lists the same awards listed on his DD Form 214. His military records are void of orders awarding him the Army Commendation Medal. 5. He served continuously on active duty through several reenlistments until he was honorably released from active duty on 2 December 1991 and transferred to the U.S. Army Reserve Control Group. His DD Form 214 shows he completed 5 years, 1 month, and 19 days of active service. This form also lists the following entries: * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * Overseas Service Ribbon * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars * Army Lapel Button * National Defense Service Medal * Army Achievement Medal * Southwest Asia Service Medal with two bronze service stars * Driver and Mechanic Badge * item 18 (Remarks) – no service in Southwest Asia REFERENCES: 1. Army Regulation 600-8-22 (Military Award) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal is 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. Second and succeeding awards of the Army Commendation Medal are denoted by oak leaf clusters. b. The Kuwait Liberation Medal-Saudi Arabia was awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States who participated in Operation Desert Storm between 17 January and 28 February 1991. c. The Kuwait Liberation Medal-Kuwait was awarded by the Government of Kuwait to members of the Armed Forces of the United States who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993. 2. Army Regulation 635-200 (Separation Documents), in effect 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 preparation of the DD Form 214. There was no provision for listing any deployed service in the remarks section of the DD Form 214 at that time. 3. Army Regulation 635-200 (Separation Documents), dated 15 September 2000 which superseded the earlier version, stated that for an active duty Soldier deployed with his/her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18 (Remarks) of the form. DISCUSSION: 1. Orders show the applicant was awarded the Army Commendation Medal for his service during Operation Desert Storm. His DD Form 214 does not list this award. 2. He was deployed to Southwest Asia from 13 October 1990 to 24 April 1991. His DD Form 214 does not list this deployment. By regulation in effect at the time of his release from active duty on 2 December 1991, there was no provision for listing deployed service in the remarks section of the DD Form 214. Subsequent versions of the regulation provided for such entry in item 18 of the DD Form 214. 3. He completed a qualifying period of service for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait. His DD Form 214 does not list these awards. 4. The available evidence does not contain orders awarding him a second Army Commendation Medal. Likewise, his DA Form 2-1 does not list any awards of the Army Commendation Medal. By regulation, award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000770 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000770 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2