BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160014184 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 BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160014184 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: a. awarding her the Armed Forces Reserve Medal with "M" Device, b. deleting award of the Kuwait Liberation Medal from her DD Form 214 for the period ending 28 May 1991, and c. adding the following awards to her DD Form 214 for the period ending 28 May 1991: * Armed Forces Reserve Medal with "M" Device * 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 award of the Army Reserve Components Achievement Medal, Southwest Asia Service Medal with three bronze service stars, Overseas Service Ribbon, and Meritorious Unit Commendation. _____________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: 20 June 2018 DOCKET NUMBER: AR20160014184 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) by: a. deleting award of the Southwest Asia Service Medal (SWASM) and b. adding the following awards: * SWASM with three bronze service stars * Kuwait Liberation Medal-Kuwait (KLM-KU) * Kuwait Liberation Medal-Saudi Arabia (KLM-SA) * Meritorious Unit Commendation (MUC) * Army Reserve Components Achievement Medal (ARCAM) (1st Award) * Overseas Service Ribbon (OSR) * Armed Forces Reserve Medal (AFRM) with "M" Device 2. The applicant states she completed her U.S. Army Reserve (USAR) obligation in 1992 and the awards were not yet authorized. 3. The applicant provides: a. information paper pertaining to the unit history and mission of the 79th Military Police Company (Combat Support), USAR; b. Headquarters, 88th USAR Command, Orders 175-04, dated 17 November 1990; c. Headquarters, 88th USAR Command, Orders 020-185, dated 15 January 1991, amending Orders 175-04; and d. DD Form 214 for the period ending 28 May 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 USAR on 16 May 1988. 3. She provided Headquarters, 88th USAR Command, Orders 175-04, dated 17 November 1990, ordering the 79th Military Police Company and its members to active duty for 180 days effective 21 November 1990. The authority is shown as Headquarters, 4th U.S. Army, Permanent Order 125-4, dated 17 November 1990. 4. She provided Headquarters, 88th USAR Command, Orders 020-185, dated 15 January 1991, amending Orders 175-04, showing the period of her unit mobilization was changed to 12 months effective 21 November 1990. 5. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record – Part II) shows she received foreign service credit for Saudi Arabia from 11 January 1991 through 6 May 1991. 6. She was honorably released from active duty to the control of the USAR on 28 May 1991. 7. Her DD Form 214 for the period ending 28 May 1991 shows in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * National Defense Service Medal * SWASM * Reserve Components Overseas Training Ribbon * Drivers Badge b. item 18 (Remarks): * "SERVICE IN SWA FROM 910111 TO 910506 [11 JANUARY 1991 THROUGH 6 MAY 1991]" * "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT STORM/SHIELD IAW [IN ACCORDANCE WITH] 10 673B/672 [TITLE 10, U.S. CODE, SECTION 673B/672]" 8. Her DD Form 215 (Correction to DD Form 214), dated 22 June 1992, shows her DD Form 214 with a separation date of 28 May 1991 was corrected by: a. deleting award of the SWASM and b. adding the following awards: * SWASM with three bronze service stars * KLM 9. Headquarters, Department of the Army, General Orders Number 2009-11, dated 16 December 2009, awarded the MUC to the 79th Military Police Company for exceptionally meritorious conduct during the period 14 April 2003 to 4 April 2004. 10. Her DA Form 5016 (Chronological Statement of Retirement Points), dated 11 June 2018, shows the annual retirement points she accrued for USAR service from 16 May 1987 through 20 August 1996. The following anniversary years were qualifying for retirement purposes (minimum of 50 retirement points): * 16 May 1989 through 15 May 1990 (82 points) * 16 May 1991 through 15 May 1992 (58 points) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The KLM awarded by the Government 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. b. The KLM awarded by the Government of Kuwait (KLM-KU) was approved on 9 November 1995 and was 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. c. The AFRM is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States under specific conditions. On or after 1 August 1990, the AFRM is awarded to Reserve Component members who were called to active duty and served under Title 10, U.S. Code, section 12301(a), 12302, 12304, or 12406, in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(a)(13). The "M" device is authorized for wear on the AFRM by members of the Reserve Components who are called to or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(a)(13). d. The ARCAM is authorized for award to Army personnel in the rank of colonel (O-6) and below. The member must have been a member of an Army National Guard of USAR troop program unit, or serving as individual mobilization augmentees after completing qualifying service and on recommendation of the unit commander. Between 3 March 1972 and 28 March 1995, the ARCAM was authorized upon completion of 4 consecutive years of service with a Reserve Component unit. A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during his or her retirement year. Qualifying service for computation purposes is based only by retirement ending year dates. Effective 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 years to 3 years. Soldiers completing 3 consecutive years of qualifying service on or after 28 March 1995 are eligible for ARCAM consideration. This change is not retroactive. e. The OSR is awarded to members of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all members of the active Army, Army National Guard, and USAR in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981. Reserve Component Soldiers who were mobilized and dispatched overseas to locations outside the theater of operations during Operations Desert Shield and Desert Storm (2 August 1990 to 11 April 1991) are eligible for award of the OSR without regard to the time served overseas as long as the overseas service is not recognized with another U.S. service medal. f. An approved unit award is for the designated unit and is authorized to members of that unit who participated in the cited action. Personnel who did not participate in the designated action, but who are assigned to the cited unit, are authorized temporary wear of the unit award. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The instructions for item 13 stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation  600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations. DISCUSSION: 1. The applicant requests correction of her DD Form 214 for the period ending 28 May 1991 to show the following awards: * KLM-KU * KLM-SA * MUC * ARCAM (1st Award) * OSR * AFRM with "M" Device 2. On 22 June 1992, her DD Form 214 was corrected by adding award of the KLM; however, it does not specify which foreign service award. She is authorized award of both the KLM-SA and KLM-KU. Her DD Form 214 does not show both foreign service awards. 3. The ARCAM is awarded upon completion of 3 or 4 consecutive years of qualifying service with a Reserve Component unit. A qualifying year of service is one in which a Reserve Soldier earns a minimum of 50 retirement points during the retirement year. Her DA Form 5016 shows she did not complete 4 consecutive qualifying years of service prior to 28 March 1995 or 3 consecutive qualifying years of service after 28 March 1995. She is not eligible for award of the ARCAM. 4. Headquarters, Department of the Army, General Orders Number 2009-11, dated 16 December 2009, awarded the MUC to the 79th Military Police Company for exceptionally meritorious conduct during the period 14 April 2003 to 4 April 2004. She was not assigned to this unit during that period. 5. Her records show she was awarded the SWASM with three bronze service stars. Army Regulation 600-8-22 prohibits award of the OSR when the overseas service is recognized with another U.S. service medal. 6. Her records show she mobilized in support of Operations Desert Shield/ Desert Storm and is authorized award of the AFRM with "M" Device. Her DD Form 214 does not show 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) AR20160014184 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014184 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2