ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2020 DOCKET NUMBER: AR20190013997 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Kuwait Liberation Medal (Kuwait) and the Kuwait Liberation Medal (Saudi Arabia) * Army Commendation Medal (ARCOM) with one Oak Leaf Cluster (OLC) * Expert Marksmanship Qualification Badge with Rifle Bar APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DD Form 215 (Correction to the DD Form 214) * two ARCOM certificates * marksmanship record FACTS: 1. The applicant did not file within the 3 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 the Kuwait Liberation Medal (Kuwait) was issued after his DD Form 214 was completed. The dates in his records show the correct dates for the medal. His second ARCOM is missing from his record. It was given to him on 12 December 1991. He received his first ARCOM on 17 April 1991. It is important that his DD Form 214 be updated and correct. 3. A review of the applicant's available service records contain the following documents for the Board's consideration: a. A DA Form 2-1 (Personnel Qualification Record), which shows: * in item 5 (Oversea Service) he was in Saudi Arabia from 17 December 1990 through 4 June 1991 * in item 9 (Awards, Decorations, and Campaigns) he received the following awards: * Army Service Ribbon (ASR) * Driver's Badge * Army Achievement Medal (AAM) with 1 OLC * Bronze German Marksmanship Badge * Overseas Service Ribbon (OSR) * Noncommissioned Officer Professional Development Ribbon (NCOPDR) * Army Good Conduct Medal (AGCM) 1st Award * National Defense Service Medal (NDSM) * ARCOM (1st Award) * Southwest Asia Service Medal with 2 Bronze Service Stars * Rifle M16 Expert Qualification Badge * he served in two campaigns: the Defense of Saudi Arabia and Liberation and Defense of Kuwait b. A DA Form 638-1 (Recommendation for Award), dated 16 March 1991, wherein the applicant was recommended for award of the ARCOM from 17 December 1990 for his service while deployed for operations Desert Shield/Storm. The recommendation was approved on 17 April 1991. c. A DD Form 214, which shows the applicant was honorably discharged on 31 January 1992. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) and item 18 (Remarks) show he received the following awards: * ARCOM * AAM with 1 OLC * AGCM * NDSM * NCOPDR * ASR * OSR * Driver's and Mechanic's Badge * Sharpshooter Badge - Rifle * German Armed Forces Marksmanship Award in Bronze * Army Lapel Button * Southwest Asia Service Medal with 2 Bronze Service Stars 4. The applicant’s records are void of documentation showing he received the Emirate of Kuwait Medal for the Liberation of Kuwait, the Saudi Arabian Medal of the Liberation of Kuwait, or a second ARCOM. They are also void of the applicant's rifle firing record. 5. The applicant provides the following documents for the Board's consideration: a. A DD Form 214, which was present in the applicant's service record. b. A DD Form 215, dated 18 August 1992, which shows the following: * the Driver and Mechanic Badge was deleted from item 13 * (Driver - W) was deleted from item 13 * Sharpshooter Badge Rifle was deleted from item 13 * German Armed Forces Marksmanship Award in Bronze was deleted from item 13 * Army Lapel Button was deleted from item 13 * Southwest Asia Service Medal with 2 Bronze Service Stars was deleted from item 13 * the Driver and Mechanic Badge Driver - W Bar was added to item 13 * Sharpshooter Marksmanship Badge Rifle M16 was added to item 13 * German Marksmanship Badge, Bronze, was added to item 13 * Southwest Asia Service Medal with three Bronze Service Stars was added to item 13 * Kuwait Liberation Medal was added to item 13 c. An ARCOM Certificate dated 17 April 1991 for service while deployed in support of Operations Desert Shield/Storm. d. An ARCOM Certificate dated 12 December 1991 for meritorious service with the military personnel division from 8 August 1989 to 31 January 1992. e. A form used for recording individual's performance on record firing ranges, dated 4 April 1992, which shows the applicant qualified as an expert. 6. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The applicant served during the period of eligibility for both the Kuwait Liberation Medal (Kuwait) and the Kuwait Liberation Medal (Saudi Arabia); however, his DD Form 214 has only been corrected to show "Kuwait Liberation Medal" with no distinction as to which Kuwait Liberation Medal this is. The Board determined his DD Form 214 should be further corrected to show both medals. 3. The Board accepted the ARCOM Certificates provided by the applicant as sufficient evidence that he received two awards of the ARCOM. The certificates show one award for his tour in Southwest Asia, and the Board noted it is common practice to recognize deserving Soldiers with an award such as the ARCOM at the end of a period of deployed service. The Board noted the same is true for Soldiers approaching the expiration of their term of service, as shown on the certificate dated 12 December 1991. By a preponderance of the evidence, the Board determined his DD Form 214 should be corrected to show the ARCOM (2nd Award). 4. The applicant clearly qualified as an expert with the rifle, but he did so after he had joined his Reserve unit after leaving active duty. The Board determined, however, that given the close proximity of the date of his qualification to the date of his release from active duty, adding the Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214 would be appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that, in addition to the correction described in Administrative Note(s) below, all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214: * Army Commendation Medal (2nd Award) * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation Medal (Saudi Arabia) * Expert Marksmanship Qualification Badge with Rifle Bar 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. Amend the applicant’s DD Form 214 by adding the Meritorious Unit Commendation (MUC). 2. The following document is sufficient to justify correction of the DD Form 214 without action by the Board. Department of the Army General Order Number 12, dated 13 May 1994, awarded the Meritorious Unit Commendation (MUC) to the 3rd Personnel Group, the applicant's unit, from 17 December 1990 to 2 June 1991. 3. Correct the applicant’s DD Form 214 to add the award shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. REFERENCES: 1. Title 10, USC, 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. 2. Army Regulation 600-8-22 (Military Awards), states: a. The Kuwait Liberation Medal-Government of Kuwait is awarded by the government of Kuwait to Servicemembers of the Armed Forces of the United States and authorized by DOD on 7 August 1995. It is awarded to Servicemembers of the Armed Forces of the United States who served in support of Operations DESERT SHIELD and DESERT STORM between 2 August 1990 and 31 August 1993 in one or more of the following areas: the Arabian Gulf; the Red Sea; the Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degree north latitude and west of 68 degree east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. b. To be eligible, personnel must meet one of the following qualifications: (1) Be attached to or regularly serving for 1 or more days with an organization participating in ground and/or shore operations. (2) Be attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations. (3) Actually participate as a crewmember in one or more aerial flights directly supporting military operations in the areas designated above. (4) Serve on TDY for 30 consecutive days or 60 nonconsecutive days during the period 2 August 1990 to 31 August 1993 under any of the criteria in paragraphs 9–16b (1) through (3). This time limit may be waived by Commander, U.S. Army Human Resources Command (AHRC – PDP – A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122 – 5408 for Soldiers participating in actual combat operations. c. The Kuwait Liberation Medal - Saudi Arabia is awarded by the Government of Saudi Arabia to Servicemembers of the Armed Forces of the United States and authorized by DOD on 3 January 1992. It is awarded to Servicemembers of the Armed Forces of the United States who participated in Operation DESERT STORM between 17 January 1991 and 28 February 1991 in one or more of the following areas: Persian Gulf; Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degree north latitude and west of 68 degree east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. d. To be eligible personnel must meet one of the following qualifications: (1) Be attached to or regularly serving for 1 or more days with an organization participating in ground or shore operations. (2) Be attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations. (3) Actually participate as a crewmember in one or more aerial flights supporting military operations in the areas designated above. (4) Serve on TDY for 30 consecutive days during the period 17 January 1991 to 28 February 1991 under any of the criteria in paragraphs 9–15b (1) through (3). This time limit may be waived by Commander, U.S. Army Human Resources Command (AHRC – PDP – A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122 – 5408 for people participating in actual combat operations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013997 5 1