IN THE CASE OF:  BOARD DATE:  6 August 2021 DOCKET NUMBER:  AR20210006464 


APPLICANT REQUESTS:  in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 10 July 1988 to 9 July 1991, to show that she: 

•served in the Regular Army (RA) instead of on U.S. Army Reserve status

•served in Operation Desert Storm

•was awarded the Bronze Star Medal (BSM)



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•A photograph of a framed BSM certificate and medal set



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states the correction should be made to more accurately reflect herrecord of service.  Failure to correct the document results in certain benefits beingdenied such as veteran tags issued by the Department of Motor Vehicles.

3.The applicant was appointed a Reserve Commissioned Officer of the Army on2 June 1985.

4.She was ordered to active duty on 10 July 1988.  On 9 July 1991, she was releasedfrom active duty and assigned to U.S. Army Reserve (USAR) Control Group(Reinforcements).

5.The DD Form 214 she was issued, which was further corrected by a DD Form 215(Correction to DD Form 214) on 7 October 1992, shows she served as a USARcommissioned officer called to active duty and that she served in Southwest Asia duringthe Persian Gulf War from 10 October 1990 to 6 May 1991.  She was awarded or authorized the: 

•National Defense Service Medal

•Army Service Ribbon

•Southwest Asia Service Medal with 3 bronze service stars

•Kuwait Liberation Medal (Government of Saudi Arabia)

•Overseas Service Bar



6.The applicant provides a framed copy of a BSM certificate received by the applicantfor meritorious service in support of military operations against a hostile enemy from12 October 1990 to 25 April 1992.  The document is not resident in her Official MilitaryPersonnel File.  In addition, her records do not contain a copy of permanent ordersawarding her the BSM.

7.Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medalawarded by the Government of Kuwait (KLM-KU) was approved on 9 November 1995and is awarded to members of the Armed Forces of the United States who participatedin the Persian Gulf War between 2 August 1990 and 31 August 1993.

8.The BSM is awarded in time of war for heroism and for meritorious achievement orservice, not involving participation in aerial flight, in connection with military operationsagainst an armed enemy, or while engaged in military operations involving conflict withan opposing armed force in which the United States is not a belligerent party.  As withall personal decorations, formal recommendations, approval through the chain ofcommand, and announcement in orders are required.

BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was not warranted.  The applicant’scontentions, the military record, and regulatory guidance were carefully considered.Evidence of record shows the applicant was a USAR commissioned officer called toactive duty in support of the Gulf War.  Her DD Form 214 covering the period wascorrected by a DD Form 215.  Her record is absent orders, and she did not provideorders showing she was awarded the BSM.  The applicant is advised published ordersor a DA Form 638 showing the order number is required.  The Board determined thereis insufficient evidence to grant relief.

2.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 


Microsoft Office Signature Line...

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. 


ADMINISTRATIVE NOTE(S):  Evidence shows the applicant served in Southwest Asia from 10 October 1990 to 6 May 1991.  She was previously awarded the Kuwait Liberation Medal (Government of Saudi Arabia).  Based on her dates of service she is authorized award of the KLM-KU. 


REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so.

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

a.The BSM is awarded in time of war for heroism and for meritorious achievementor service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

b.The KLM-KU awarded by the Government of Kuwait was approved on9 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. 

3.Army Regulation 15-185 (ABCMR) prescribes the policies and procedures forcorrection of military records by the Secretary of the Army acting through the ABCMR.The ABCMR begins its consideration of each case with the presumption ofadministrative regularity.  The applicant has the burden of proving an error or injusticeby a preponderance of the evidence.

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