IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100013160 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) and the Kuwait Liberation Medal (awarded by the Kingdom of Saudi Arabia (KLM-SA)).

2.  The applicant states, in effect, that although he earned these awards they are not annotated on his DD Form 214.  He attributes their omission to an administrative oversight.  He contends his service in Southwest Asia (SWA) is corroborated by the fact he was awarded the SWA Service Medal with two bronze service stars.

3.  The applicant provides copies of a DA Form 638 (Recommendation for Award of the Army Achievement Medal, ARCOM, and Meritorious Service Medal) and a DA Form 4980-14 (ARCOM Certificate).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, 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.  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's military personnel records show he was commissioned as a second lieutenant on 12 June 1987 and entered active duty on 4 September 1987.

3.  The applicant submitted copies of a DA Form 638 and a DA Form 4980-14 which show he was recommended for award of the Meritorious Service Medal which was downgraded and approved as an ARCOM by Permanent Order Number 28-10, dated 8 April 1992.

4.  The applicant was released from active duty on 1 February 1992 and transferred to the U.S. Army Reserve.  He completed 4 years, 4 months, and 8 days of active service that was characterized as honorable.  The DD Form 214 he was issued reveals the following:

	a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show he was awarded the KLM-SA or the ARCOM.

	b.  Item 18 (Remarks) shows service in SWA from 6 October 1990 to 8 March 1991.

5.  The DD Form 215 (Correction to DD Form 214), dated 5 February 1993, shows he was awarded the KLM, but does not specify which one.

6.  Army Regulation 600-8-22 (Military Awards) provides that the KLM-SA awarded by the Kingdom of Saudi Arabia 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.  This regulation also provides that the Kuwait Liberation Medal-Kuwait (KLM-KU) 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was deployed to SWA during a qualifying period for award of both the KLM-SA and the KLM-KU.  Therefore, his record should be corrected to show these foreign awards.

2.  The evidence of record shows the applicant was awarded the ARCOM by permanent orders.  Therefore, he is entitled to have his record corrected to show this award.

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 the applicant's DD Form 214 be corrected by:

	a.  deleting the entry "KUWAIT LIBERATION MEDAL" from item 13 and

	b.  adding the following entry to item 13:  "ARMY COMMENDATION MEDAL//KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT."



      _____________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)                                         AR20100013744



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ABCMR Record of Proceedings (cont)                                         AR20100013160



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