ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:       23 April 2019

	DOCKET NUMBER:  AR20170013082


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* His deployed service
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM) (Second Award)
* Southwest Asia Service Medal
* Kuwait Liberation Medal-Saudi Arabia
* Overseas Service Ribbon (2)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

	a.  His service time during the liberation of Kuwait during Operations Desert Shield and Desert Storm from 4 January 1991 through 13 June 1991, while he was assigned to Headquarters and Headquarters Company, 3d Armored Division, is not documented in his record.  He was authorized the Southwest Asia Service Medal, Kuwait Liberation Medal, Overseas Service Ribbon (2nd Award), Army Achievement Medal (2nd Oak Leaf Cluster), and the Army Commendation Medal.

	b.  There is no record of his combat service in his records although he was deployed in support of Operation Desert Shield and Operation Desert Storm.  His records were not updated possibly due to decommissioning of the 3d Armored Division and his reassignment immediately after the Gulf War campaigns.

3.  The applicant's records show he was authorized the National Defense Service Medal, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Kuwait, and Kuwait Liberation Medal-Saudi Arabia.  Therefore, these awards will be administratively corrected and not considered by the Board.

4.  The Persian Gulf War roster shows his service dates in Kuwait as 1 January 1991 through 15 May 1991.  Therefore his DD Form 214 will be administratively corrected and this issue will not be considered by the Board.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Overseas Service Ribbon (2).  Therefore this issue will not be further discussed in this Record of Proceedings.

6.  The Board will consider his request for award of the ARCOM and AAM (Second Award).

7.  The applicant enlisted in the Regular Army on 1 August 1985.  He served in Southwest Asia during Operations Desert Shield and Desert Storm from 1 January 1991 through 15 May 1991.  

8.  He was honorably discharged on 30 June 1993.  Item 13 of his DD Form 214 does not show award of the ARCOM or AAM.

9.  His records contain no orders showing awards of the ARCOM or AAM.

10.  Army Regulation 600-8-22 (Military Awards) provides 

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence presented by the applicant and found within the service record, the Board concluded that the following awards were supported by documentary evidence which warranted making a correction by adding it to the applicant’s DD Form 214:

* Southwest Asia Service Medal
* Kuwait Liberation Medal-Saudi Arabia

Additionally, based upon the documentary evidence of the applicant’s deployment within the record, the Board concluded that his following annotation warranted correction:

* “SERVICE IN SOUTHWEST ASIA FROM 19910101-19910515”

However, based upon the same documentary review of the military record, the Board found the following awards were not supported in adding it to the DD Form 214 of the applicant for the reason annotated:

* Army Commendation Medal (ARCOM) for lack of evidence ever awarded
* Army Achievement Medal (AAM) (2nd Award) for lack of evidence ever awarded
* Overseas Service Ribbon (2) because it’s currently depicted on DD Form 214

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



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 to the applicant’s DD Form 214 with an effective date 30 June 1993 by:
* adding the Southwest Asia Service Medal
* adding the Kuwait Liberation Medal-Saudi Arabia
* adding to Block 18, “SERVICE IN SOUTHWEST ASIA FROM 19910101-19910515”

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:
* Army Commendation Medal (ARCOM)
* Army Achievement Medal (AAM) (2nd Award) 
* Overseas Service Ribbon (2)

3.  Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those changes be made to more accurately depict the military service of the applicant.

	 
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.



ADMINISTRATIVE NOTE(S):

The applicant's records show he qualified for additional awards not specifically requested by the applicant.  As a result, amend the DD Form 214 with an effective date 30 June 1993, by adding to item 13:

* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Kuwait


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

	a.  It states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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.

ABCMR Record of Proceedings (cont)	 AR20170013082


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