ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2021 DOCKET NUMBER: AR20210007305 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * Kuwait Liberation Medal * Cold War Recognition Certificate * Retirement Award APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 16 October 2020 * Orders Number A-07-617723, U.S. Army Human Resources Command, 12 July 2006 * Orders Number A-08-517687, U.S. Army Human Resources Command, 23 August 2005 * DD Form 214, period ending 31 January 2010 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 that the Kuwait Liberation Medal, Cold War Recognition Certificate, and his retirement award were not added to his DD Form 214. During his retirement things were very convoluted. On 5 November 2009, the mass shooting occurred at the Soldier Readiness Processing Center at Fort Hood, TX. This could have been a major factor in the awards not being added to his DD Form 214. 3. With respect to the Cold War Certificate, the Cold War Recognition Certificate is not an award and is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. 4. With respect to his retirement award, his application to this Board is premature: a. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states in paragraph 2-5, Section II, that the Board will not consider any application if it determines that the member has not exhausted all administrative remedies available to him/her. b. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 1-14 of this regulation states, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration either for an individual or unit that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. c. Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, an applicant must submit a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify his/her unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which he/she is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. d. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, an applicant must submit his/her request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. As such, the issue of his retirement award will not be further considered in this Record of Proceedings. 5. Having had prior service, on 17 April 1989, the applicant enlisted in the Regular Army. He held military occupational specialty (MOS) 98G (Voice Interceptor). 6. His DA Form 2-1 (Personnel Qualification Record) shows in in item 5 (Oversea Service) – service in Panama 26 April 1990 to 27 September 1991 and service in Haiti 25 September 1994 to 25 October 1994. 7. On 1 May 1998, he was honorably released from active duty. His DD Form 214 shows he completed 9 years and 15 days of net service. He was transferred to a unit of the U.S. Army Reserve. 8. On 4 October 2004, he was ordered to active duty. He provides two sets of orders: a. Order Number A-08-517687, issued by U.S. Army Human Resources Command, 23 August 2005, which shows, in part, he was ordered to active duty, in support of Operation Enduring Freedom. b. Order Number A-07-617723, issued by U.S. Army Human Resources Command, 12 July 2006, which shows, in part, he was ordered to active duty, in support of Operation Noble Eagle. 9. On 31 August 2007, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 5 months and 14 days of net service. 10. On 1 September 2007, he was again ordered to active duty. On 31 December 2007, he was honorably released from active duty. His DD Form 214 shows he completed 4 months of net service. 11. On 1 January 2008, he was also ordered to active duty. His DA Form 2-1 shows in item 9 (Awards, Decorations and Campaigns) – * Army Reserve Components Achievement Medal * National Defense Service Medal * Army Commendation Medal * Army Service Ribbon * Armed Forces Reserve Medal * Army Basic Recruiters Badge W Gold Leaf Star * Army Achievement Medal (4th Award) * Army Good Conduct Medal (2nd Award) * Noncommissioned Officer Professional Development Ribbon with numeral two * Armed Forces Expeditionary Medal * Joint Meritorious Unit Award * Humanitarian Service Medal * Army Superior Unit Award * Army Commendation Medal (2nd Award) * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 12. On 31 January 2010, he was honorably released from active duty. His DD Form 214 shows he completed 2 years and 1 month of net service. It also shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal (2nd Award) * Army Achievement Medal (4th Award) * Joint Meritorious Unit Award * Army Superior Unit Award * Army Good Conduct Medal (2nd Award) * Army Reserve Components Achievement Medal * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Humanitarian Service Medal * NCO Professional Development Ribbon with numeral three * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Armed Forces Reserve Medal w 10 year device bronze * Army Basic Recruiter Badge W Gold Achievement Star * Joint Chief of Staff Identification Badge. 13. By regulation (AR 600-8-22 - Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Kuwait Liberation Medal 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. b. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. c. Each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. BOARD DISCUSSION: After reviewing the application and all supporting documentation, the Board determined relief was not warranted. Based upon the available documentation, the Board made the following findings and recommendations related to the requested relief: * Kuwait Liberation Medal: DENY, based upon the information within the applicant’s service record failing to show he served during the qualifying periods of service for the award. * Cold War Recognition Certificate: DENY, based upon the regulatory guidance in AR 600-8-22 stating the award is not shown on discharge documents. * Retirement Award: DENY, based upon a lack of evidence showing the applicant was submitted and awarded a retirement award. Commanders are charged with submitted Soldiers for awards, not the ABCMR Board. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX :XXX XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, 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. 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 Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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. b. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. c. Each individual approaching retirement may be considered for an appropriate decoration based on his or her grade, years of service, degree of responsibility, and manner of performance. For meritorious service awards at retirement, inclusion of service longer than that served within the command recommending the award is permitted. The regulation recommends that these periods not exceed 10 years and states an extended period should only be considered in those cases where the length or nature of the individual’s terminal assignment would not qualify him or her for an appropriate award. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007305