ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 May 2020 DOCKET NUMBER: AR20190008172 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Commendation Medal * Southwest Asia Service Medal * Kuwait Liberation Medal-Kingdom of Saudi Arabia * Kuwait Liberation Medal-Government of Kuwait APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 19 May 2019 * DD Form 214 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 (ABCMR) 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. He was assigned to the 226th Maintenance Company, Fort Sill, Oklahoma, and his unit was deployed to Saudi Arabia in October 1990. b. Once deployed, he was attached to the 196th Field Artillery Brigade from Tennessee. c. He left the Middle East in April 1991. d. After leaving Oklahoma, a former unit member advised him about the Army Commendation Medal. e. He is currently under the Department of Veterans care and he was informed that he was not deployed. 3. The available records contain sufficient information to administratively correct the applicant's DD Form 214 to show award of award of the Southwest Asia Service Medal with three bronze service stars, Korea Defense Service Medal, Kuwait Liberation Medal-Kingdom of Saudi Arabia, and Kuwait Liberation Medal- Government of Kuwait without Board action. His DD Form 214 will be administratively correct to show award of the: * Southwest Asia Service Medal with three bronze service stars * Korea Defense Service Medal * Kuwait Liberation Medal-Kingdom of Saudi Arabia * Kuwait Liberation Medal-Government of Kuwait 4. The Board will consider the applicant's request for award of the Army Commendation Medal. 5. The applicant enlisted in the Regular Army on 2 January 1987. 6. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. item 5 (Oversea Service) – * Korea from 14 August 1987 to 24 August 1988 * Saudi Arabia from 5 October 1990 to 20 April 1991 b. item 9 (Awards, Decorations, and Campaigns) – entries for award of the: * Army Service Ribbon * Overseas Service Ribbon with Numeral 2 * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 7. On 4 June 1991, he was honorably released from active duty. His DD Form 214 shows in: a. item 12f (Foreign Service) – 1 year, 6 months, and 27 days, b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Overseas Service Ribbon with Numeral 2 * Army Good Conduct Medal * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar c. item 18 (Remarks) – no deployment entry. 8. His records are void of a certificate or orders authorizing his award of the Army Commendation Medal. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Saudi Arabia and Korea, and the reason for his release from active duty. The Board found insufficient evidence to show he was recommended for or awarded an Army Commendation Medal and the applicant provided no evidence either in his possession or from his former unit. Based on a preponderance of evidence, the Board determined that the absence of an ARCOM on the applicant’s DD Form 214 was not in error or unjust. The Board concurred with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found the relief was not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, with the exception of the corrections stated in the Administrative Note(s) that follow, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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): 1. The applicant was authorized the following awards not listed on his DD Form 214: * Southwest Asia Service Medal with three bronze service stars * Korea Defense Service Medal * Kuwait Liberation Medal-Kingdom of Saudi Arabia * Kuwait Liberation Medal-Government of Kuwait 2. Item 18 of his DD Form 214 should contain the entry, "SERVICE IN SOUTHWEST ASIA FROM 1991005-19910420." 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 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. 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 Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and the contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995. One bronze service star will be worn on the suspension and service ribbon for participation in each of the following campaigns: * Defense of Saudi Arabia for the period 2 August 1990 to 16 January 1991 * Liberation and Defense of Kuwait for the period 17 January 1991 to 11 April 1991 * Cease Fire for the period 12 April 1991 to 30 November 1995 c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. d. The Kuwait Liberation Medal-Saudi Arabia is awarded by the Government of Saudi Arabia to service members of the Armed Forces of the United States who participated in Persian Gulf War between 17 January 1991 and 28 February 1991. e. The Kuwait Liberation Medal awarded by the Government of 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. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214. Instructions stated for item 18, to enter, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" for active duty Soldiers deployed to a foreign country with their unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008172 4 1