IN THE CASE OF: BOARD DATE: 21 June 2012 DOCKET NUMBER: AR20110024487 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 Bronze Star Medal. 2. The applicant states he was awarded the Bronze Star Medal for his service in Operation Desert Storm (ODS), but it is not recorded on his DD Form 214. 3. The applicant provides a copy of his award certificate, DD Form 214, and DD Form 215 (Correction to DD Form 215) in support of his request. 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 had prior honorable enlisted service in the West Virginia Army National Guard (WVARNG) from 12 February 1982 through 29 June 1984. 3. The applicant was appointed as a Reserve commissioned officer in the WVARNG in the grade of second lieutenant on 30 June 1984. He was ordered to active duty from 31 October 1984 to 5 April 1985 and completed the Field Artillery Officer Basic Course. 4. The applicant was ordered to active duty in support of ODS on 9 December 1990. 5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Oversea Service) - Saudi Arabia from 1 February through 10 May 1991; and b. item 9 (Awards, Decorations and Campaigns) - "BSM." 6. Headquarters, VII Corps, Permanent Orders 68-18, dated 9 July 1991, awarded the applicant the Bronze Star Medal for meritorious achievement from 9 February to 1 March 1991. 7. The applicant's DD Form 214, corrected by a DD Form 215 dated 25 August 1992, shows the applicant entered active duty this period on 9 December 1990, was honorably released from active duty on 4 June 1991, and transferred to the WVARNG. He completed 5 months and 26 days of net active service this period that included 3 months and 10 days of foreign service. It shows in: a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * Army Lapel Button * Humanitarian Service Medal * Army Achievement Medal * Army Reserve Components Achievement Medal (1st Oak Leaf Cluster) * Southwest Asia Service Medal with 2 bronze service stars * Kuwait Liberation Medal b. item 18 (Remarks) shows he served in Southwest Asia from 1 February to 10 May 1991. 8. A review of the applicant's military personnel records shows he may be authorized additional awards that are not shown on his DD Form 214. 9. The applicant's DD Form 214 shows he was awarded the Kuwait Liberation Medal. However, it does not show he was awarded the Kuwait Liberation Medal (Saudi Arabia) or Kuwait Liberation Medal (Kuwait). 10. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. 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 1991 and 28 February 1991. b. 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. Permanent orders awarded the applicant the Bronze Star Medal. 2. The evidence of record shows the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). Thus, they should be properly shown on his DD Form 214. 3. In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below. 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: a. deleting the "Kuwait Liberation Medal" from item 13 of his 4 June 1991 DD Form 214; and b. adding to item 13 of his 4 June 1991 DD Form 214 the: * Bronze Star Medal * Kuwait Liberation Medal (Saudi Arabia) * 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) AR20110024487 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110024487 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1