RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 March 2007
DOCKET NUMBER: AR20060011643
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Gerard W. Schwartz
Acting Director
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Thomas M. Ray
Chairperson
Mr. Jeffrey C. Redmann
Member
Mr. James R. Hastie
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, award of the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.
2. The applicant states, in effect, that he served a qualifying period of service for these awards.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 1 June 1992, the date of his release from active duty. The application submitted in this case is dated 14 January 2006; however, was received for processing on 21 August 2006.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. Records show the applicant enlisted in the Regular Army on 12 July 1979 and served through a series of reenlistments until he was honorably released from active duty on 1 June 1992.
4. The applicant's military service personnel records show that he served in Saudi Arabia during the period 13 December 1990 through 26 April 1991.
5. The applicant's DD Form 214 shows that he was awarded the Kuwaiti Liberation Medal.
6. Army Regulation 600-8-22 (Military Awards) states that the Kuwait Liberation Medal-Saudi Arabia is awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States and was authorized by Department of Defense on 3 January 1992. It is awarded to members of the Armed Forces of the U.S. 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 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.
7. Army Regulation 600-8-22 (Military Awards) states that the Kuwait Liberation Medal-Kuwait is awarded by the Government of Kuwait to members of the Armed Forces of the United States and was authorized by the Department of Defense on 7 August 1995. It is awarded to members of the Armed Forces of the U.S. 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 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait was carefully considered and determined to have merit.
2. Records show that the applicant served in Saudi Arabia during the period 13 December 1990 through 26 April 1991 which is a qualifying period of service for both awards requested. As a result, the applicant is entitled to correction of his records to show the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 June 1992; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 31 July 1995. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__JCR__ __JRH___ _TMR___ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait;
b. deleting the entry "Kuwaiti Liberation Medal" from block 18 (Remarks) of his DD Form 214; and
c. adding "Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait" to block 18 of his DD Form 214.
__Thomas M. Ray_____
CHAIRPERSON
INDEX
CASE ID
AR20060011643
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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