IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160013162 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: 6 June 2018 DOCKET NUMBER: AR20160013162 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 adding to his DD Form 214: * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-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 the Overseas Service Ribbon, Liberation of Kuwait Commemorative Medal, and Presidential Unit Citation to his DD Form 214. ____________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: 6 June 2018 DOCKET NUMBER: AR20160013162 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) for the period ending 22 August 1991 to show any awards and decorations for his participation in Operation Desert Shield/Desert Storm including: * Overseas Service Ribbon * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait * Liberation of Kuwait Commemorative Medal * Presidential Unit Citation 2. The applicant states he participated in Operation Desert Shield/Desert Storm in Southwest Asia with the 24th Mechanized Infantry. He only received the Southwest Asia Service Medal with two bronze service stars for this service. His unit was awarded the Presidential Unit Citation and fellow Soldiers were issued other medals. 3. The applicant provides a copy of his DD Form 214 for the period ending 22 August 1991. 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 3 May 1988 for a period of 3 years. 3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Southwest Asia on a temporary duty assignment from 24 August 1990 to 21 March 1991. 4. On 22 August 1991, he was honorably released from active duty. 5. His DD Form 214 for the period ending 22 August 1991 shows he was awarded or authorized the: * Army Service Ribbon * National Defense Service Medal * Army Lapel Button * Southwest Asia Service Medal with two bronze service stars * Army Achievement Medal * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Pistol Bar 6. Item 18 (Remarks) of this DD Form 214 shows he served in Southwest Asia from 24 August 1990 to 21 March 1991. 7. There is no evidence showing he was assigned to the 24th Mechanized Infantry during his deployment in Southwest Asia. 8. The available records do not show the unit he was assigned to during his deployment in Southwest Asia. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Overseas Service Ribbon is awarded for successful completion of overseas tours. b. The Kuwait Liberation Medal-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. c. The Kuwait Liberation Medal-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. d. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 2. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, part 578, lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices. Commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards). DISCUSSION: 1. Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours. The applicant's 6-month deployment to Southwest Asia was a temporary duty assignment. There is no evidence showing he completed an overseas tour. 2. His DD Form 214 shows he served in Southwest Asia from 24 August 1990 to 21 March 1991. Based on his service in Southwest Asia, he is authorized award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal- Kuwait. His DD Form 214 for the period ending 22 August 1991 does not show these medals. 3. His request to add a commemorative medal to his DD Form 214 was carefully considered. However, most commemorative medals are not officially recognized. Army Regulation 670-1 prohibits wearing commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document. 4. He contends he was assigned to the 24th Mechanized Infantry during his deployment in Southwest Asia this unit received the Presidential Unit Citation. However, there is no evidence of record showing he was assigned to the 24th Mechanized Infantry and the available records do not show the unit he was assigned to during his deployment in Southwest Asia. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013162 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013162 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2