RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 January 2008
DOCKET NUMBER: AR20070012314
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.
Ms. Catherine C. Mitrano
Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Joe Schroeder
Member
Mr. Qawiy A. Sabree
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU); the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA); and the Southwest Asia Service Medal (SWASM), with three bronze service stars.
2. The applicant states, in effect, that he departed the service before these awards could be awarded.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 applicants 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 applicants 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 27 December 1983. He was trained as a power generator equipment repairman, in military occupational specialty (MOS), 52D. He was promoted to pay grade E-4 on 1 July 1986.
3. The applicant served in Southwest Asia from 1 December 1990 to 6 May 1991. He served until he was released from active duty on 25 June 1991. He was transferred to a troop program unit (TPU), of the United States Army Reserve (USAR).
4. A printout from the Gulf War (9008-712) Database shows that the applicant served in Kuwait from 13 February 1991 to 7 May 1991.
5. Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-fire Campaign (12 April 1991 to 30 October 1995).
6. 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
7. The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) 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:
The evidence of record shows the applicant served in Southwest Asia and was deployed to Kuwait from 13 February 1991 to 7 May 1991. Therefore, he is entitled to the SWASM, with three bronze service stars; the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia; and the Kuwait Liberation Medal, awarded by the Government of Kuwait, based on his service in Southwest Asia. Therefore, he is entitled to have these awards shown on his DD Form 214.
BOARD VOTE:
__QS___ __JS ___ ___CG___ 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. awarding the applicant the SWASM, with three bronze service stars, and adding this award to item 13, of his DD Form 214; and
b. awarding the applicant the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia; and the Kuwait Liberation Medal, awarded by the Government of Kuwait, based on his service in Southwest Asia, and adding these awards to item 13, of his DD Form 214.
_____Curtis L. Greenway _______
CHAIRPERSON
INDEX
CASE ID
AR20070012314
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080115
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19910625
DISCHARGE AUTHORITY
AR 635-200, chapter 4
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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