BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150014045 BOARD VOTE: __x______ __x____ __x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150014045 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 award of the Air Medal and Kuwait Liberation Medal from his DD Form 214 and b. adding the following awards to his DD Form 214: * Air Medal with "V" Device * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait * Overseas Service Ribbon ___________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: 13 October 2016 DOCKET NUMBER: AR20150014045 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: a. award of the Overseas Service Ribbon (OSR) and b. award of the Air Medal (AM) with "V" Device instead of the AM. 2. The applicant states: a. His DD Form 214 is missing the OSR. Item 12f (Foreign Service) of his DD Form 214 shows he completed 2 years, 6 months, and 12 days of foreign service. b. His AM orders show he received this award for valor. c. As an active member of the Veterans of Foreign Wars, he regularly wears his awards on his uniform during Honor Guard presentations. These errors were brought to his attention and he would like these two changes made to his DD Form 214. 3. The applicant provides his DD Form 214. 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 7 February 1989 for a period of 4 years. He served in Southwest Asia from 6 December 1990 to 23 April 1991. 3. Headquarters, VII Corps, Permanent Orders 46-23, dated 3 June 1991, awarded him the AM for heroism on 25 February 1991. These orders were amended on 2 November 1991 to show he was awarded the AM for valor. 4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he received overseas tour completion credit for service in Germany from 21 September 1989 through 2 April 1992 (31 months). 5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not show award of the OSR. 6. On 6 February 1993, he was honorably released from active duty. He completed 4 years of active service during this period, including 2 years, 6 months, and 12 days of foreign service. 7. His DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * National Defense Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Aircraft Crewmember Badge * Joint Service Achievement Medal * Army Good Conduct Medal * Kuwait Liberation Medal (KLM) * Southwest Asia Service Medal with three bronze service stars * Noncommissioned Officer Professional Development Ribbon * Humanitarian Service Medal * AM * Army Achievement Medal * Joint Meritorious Unit Award REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award for successful completion of overseas tours. b. The KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and was 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. c. The KLM 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. DISCUSSION: 1. The evidence of record confirms the applicant completed a 31-month overseas tour in Germany in 1992. 2. The entry in his DA Form 2-1 which shows he completed one overseas tour in Germany is sufficient evidence to show he is authorized award of the OSR. His DD Form 214 does not show this award. 3. His DD Form 214 shows award of the AM, but Headquarters, VII Corps, Permanent Orders 46-23, as amended, shows he was awarded the AM for valor. His DD Form 214 does not show award of the AM with "V" Device. 4. His DD Form 214 shows the KLM as an authorized award, but it does not specify whether it is the KLM-SA or KLM-KU. Based on his service in Southwest Asia from 6 December 1990 to 23 April 1991, he is authorized award of both the KLM-SA and KLM-KU. His DD Form 214 does not show these medals. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014045 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014045 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2