IN THE CASE OF: BOARD DATE: 6 January 2015 DOCKET NUMBER: AR20140007754 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 the: * Legion of Merit * Kuwait Liberation Medal * Korea Defense Service Medal 2. The applicant states the Legion of Merit was received upon retirement and the Kuwait Liberation Medal and Korea Defense Service Medal were both approved shortly prior to his retirement. 3. The applicant provides his DD Form 214 ending on 30 June 1995 and Permanent Orders (PO) A-214-7 dated 2 August 1995. 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. Having had prior enlisted service, the applicant was appointed as a Reserve warrant officer of the Army with concurrent call to active duty and executed an oath of office on 30 January 1981. 3. He served in a variety of stateside or overseas assignments and he attained the rank of chief warrant officer four (CW4). His overseas assignments included service in: * Southwest Asia, from 26 August 1990 to 31 March 1991 * Korea, from October 1984 to November 1985 4. He retired by reason of permanent physical disability on 30 June 1995 and he was placed on the Retired List in his retired rank of CW4 on 1 July 1995. His DD Form 214 shows he was awarded or authorized the: * Meritorious Service Medal (4th Award) * Army Commendation Medal (3rd Award) * Army Achievement Medal * Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with 2 bronze service stars * Humanitarian Service Medal (2nd Award) * Noncommissioned Officer Professional Development Ribbon w/Numeral 2 * Army Service Ribbon * Overseas Service Ribbon (3rd award) * Kuwait Liberation Medal * Parachutist Badge 5. PO A-214-7, issued by Headquarters, III Corps, Fort Hood, TX, on 2 August 1995, awarded him the Legion of Merit for service from 1 July 1985 to 30 June 1995. 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense b. The Kuwait Liberation Medal 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. c. 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. DISCUSSION AND CONCLUSIONS: 1. PO awarded him the Legion of Merit for meritorious service from 1 July 1985 to 30 June 1995. This award is not listed on his DD Form 214, ending on 30 June 1995. Therefore, he is entitled to correction of his DD Form 214 to show this award. 2. He served in Korea from October 1984 to November 1985. This period of service qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show it 3. He served in Southwest Asia from 26 August 1990 to 31 March 1991. This period of service qualifies him for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. Although his DD Form 214 lists the Kuwait Liberation Medal, it does not show what country awarded it. As a matter of clarity, this entry should be deleted and his DD Form 214 should be corrected to show the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). 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 * deleting from his DD Form 214 ending on 30 June 1995 the Kuwait Liberation Medal * adding to his DD Form 214 ending on 30 June 1995 the: * Legion of Merit * Korea Defense Service 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) AR20140007754 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140007754 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1