IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150010832 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 IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150010832 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 amending his DD Form 214 for the period ending 19 May 1993 to show award of the Kuwait Liberation Medal - Government of Kuwait. 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 adding an Army Achievement Medal (2nd Award) as shown on the award certificate dated 20 August 1993. ____________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. IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20150010832 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: * the Army Achievement Medal (2nd Award) * Kuwait Liberation Medal - Government of Kuwait 2. The applicant states, in effect, his DD Form 214 only shows one Army Achievement Medal. It also shows the Kuwait Liberation Medal - Saudi Arabia, but it should show the Kuwait Liberation Medal - Government of Kuwait, because he has qualifying service for both medals. 3. The applicant provides: * Two certificates showing Headquarters, 313th Military Intelligence Battalion awarded him the Army Achievement Medal in PO Number 51-3 on 19 January 1993 and 20 August 1993 * DD Form 214 for the period ending 18 May 1993 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 19 May 1989. 3. He was honorably released from active duty on 18 May 1993. His DD Form 214 shows he completed 4 years of net active creditable service. It also shows in: a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal (1st Award) * Army Achievement Medal (1st Award) * Army Good Conduct Medal * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Humanitarian Service Medal * Army Service Ribbon * Kuwait Liberation Medal - Saudi Arabia * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Lapel Button b. Item 18 (Remarks) service in Southwest Asia from 21 January to 3 April 1991. c. Item 28 (Narrative Reason for Separation) expiration term of service. 4. A review of his official military personnel file revealed a DA Form 638-1 (Recommendation for Award (For Other than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal). a. This form is dated 5 January 1993, showing the applicant was awarded the Army Achievement Medal (1st Award) in Permanent Order (PO) Number 51-3, dated 15 January 1993, issued by Headquarters, 313th Military Intelligence Battalion. b. His OMPF is void of either an award certificate or a DA Form 638-1 indicating he received a second award of the Army Achievement Medal. 5. The applicant provides two certificates showing Headquarters, 313th Military Intelligence Battalion awarded him the Army Achievement Medal in PO Number 51-3. The certificates are dated 19 January 1993 and 20 August 1993. 6. In May 2016, the applicant was contacted via email to see if he could provide the DA Form 638-1 for the second Army Achievement Medal. He stated he only had the award certificates and was unable to locate supporting DA Forms 638-1. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The government of Kuwait awarded the Kuwait Liberation Medal. It 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. 2. Army Regulation 600-8-105 (Military Orders) outlines policies and procedures for the preparation of military orders. With regard to numbering orders, it states both permanent orders and orders are numbered consecutively for each calendar year, using the Julian date followed by the number of the order issued that day. For example, the third order issued on “1 January” would be order number 1-3. DISCUSSION: 1. The applicant requests correction of his DD Form 214 for the period ending 19 May 1993 to show the Army Achievement Medal (2nd Award) and the Kuwait Liberation Medal - Government of Kuwait. 2. In support of the first part of his request, he provides a copy of two Army Achievement Award Certificates. a. Both award certificates contain the same PO number, issued within the same year by the same organization. b. His OMPF contains the DA Form 638-1 for the first award of the Army Achievement Medal, there is no supporting documentation for a second award. c. By regulation, order numbers show the Julian date the order was issued, and then the number of the order issued that day. The 51st day on the Julian calendar for 1993 was 20 February. This strongly suggests the order was prepared on that date. d. The preponderance of evidence appears to support that only one Army Achievement Medal was awarded to the applicant. If, however, the applicant is able to provide verifying documentation within 1 year of the date of the Board's decision, his application can be reconsidered. 3. He has qualifying service for the award of the Kuwait Liberation Medal - Government of Kuwait, and his DD Form 214 does not currently list this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010832 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010832 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2