AR20140000109

IN THE CASE OF:

BOARD DATE: 26 August 2014

DOCKET NUMBER: AR20140000109

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 his DDForm214 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Army Achievement Medal 4th Oak Leaf Cluster (OLC) (indicating 5th award)
* Kuwait Liberation Medal – Kuwait
* Kuwait Liberation Medal – Saudi Arabia

2. He states, in effect, although he was awarded the Army Achievement Medal 4th OLC it is not annotated on his DDForm 214. He also states that the Kuwait Liberation Medal – Kuwait and the Kuwait Liberation Medal – Saudi Arabia were not awarded until after he was discharged from the Army.

3. The applicant provides:

* DD Form 214
* Orders awarding him the Army Achievement Medal 4th OLC

CONSIDERATION OF EVIDENCE:

1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3years 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 Regular Army on 2December 1982.

3. His record contains and he also provided Permanent Orders 16-1, dated 16April 1991, that awarded him the Army Achievement Medal 4th OLC for meritorious achievement on 23August 1990.

4. On 29September 1992, he was honorably discharged from active duty after completing 9 years, 9 months, and 28 days of active service. The DD Form 214 he was issued shows in:

a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized in part the Army Achievement Medal 2nd OLC, but does not show he was awarded either the Kuwait Liberation Medal – Kuwait or the Kuwait Liberation Medal – Saudi Arabia.

b. item 18 (Remarks), he served in Southwest Asia from 16December 1990 to 7May 1991.

5. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2August 1990 and 31July 1991. The Desert Shield/Storm Data Base indicates the applicant served in Southwest Asia.

6. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states:

a. the Kuwait Liberation Medal – Saudi Arabia awarded by the Kingdom of Saudi Arabia was approved on 3January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17January 1991 and 28February 1991.

b. the Kuwait Liberation Medal – Kuwait awarded by the Government of Kuwait was approved on 9November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2August 1990 and 31 August 1993.

7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DDForm214. It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s contentions were carefully considered and determined to have merit.

2. Permanent orders awarded the applicant the Army Achievement Medal 4th OLC. Therefore, he is entitled to correction of his DDForm 214 to show these awards.

3. His DD Form 214 and the DMDC-compiled Desert Shield/Storm Data Base show that he served in Southwest Asia from 16December 1990 to 7May 1991. This period of foreign service qualified him for entitlement to the Kuwait Liberation Medal – Saudi Arabia and the Kuwait Liberation Medal – Kuwait. Therefore, his DD Form 214 should be corrected to show these foreign awards.

BOARD VOTE:

____X____ ___X_____ ____X____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. deleting from item 13 of his DD Form 214 the Army Achievement Medal 2nd OLC; and

b. adding to item 13 of his DD Form 214 the:

* Army Achievement Medal 4th OLC
* Kuwait Liberation Medal – Kuwait
* Kuwait Liberation Medal – Saudi Arabia

____________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.

ABCMR Record of Proceedings (cont) AR20140000109

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ABCMR Record of Proceedings (cont) AR20140000109

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