RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2008
      DOCKET NUMBER:  AR20070015415


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Roland S. Venable             |     |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 that his DD Form 214 for the period ending
        29 February 1992 be amended to add the Kuwait Liberation Medal
(KLM) and any other medals that might have been awarded to his unit.

2.  The applicant states that he received the KLM in the mail after he
retired.

3.  The applicant provides no additional evidence.

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.  After having had prior service, the applicant enlisted in the Regular
Army on 28 October 1968.

3.  The applicant served in Korea from 9 May 1988 through 16 May 1989.

4.  The applicant served in Southwest Asia from 5 September 1990 through
  31 March 1991.  His DA Form 2-1 (Personnel Qualification Record) shows he
was assigned to Headquarters and Headquarters Company, 1st Brigade, 82d
Airborne Division at that time.

5.  The applicant was released from active duty on 29 February 1992 for
length of service for retirement.  His DD Form 214 for the period ending 29
February 1992 shows, in part, that he was awarded the Southwest Asia
Service Medal with two bronze service stars.

6.  On 14 September 1992, a DD Form 215 (Correction to DD Form 214)
 was prepared to correct the applicant’s DD Form 214 for the period ending
      29 February 1992 to add the KLM.

7.  Army Regulation 600-8-22 (Military Awards) states 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.

8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by
the Government of Kuwait (KLM-K) 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.

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal was
authorized by the Fiscal Year 2003 National Defense Authorization Act.  It
is awarded to service members of the armed forces who served in support of
the defense of the Republic of Korea from 28 July 1954 through a future
date to be determined by the Secretary of Defense.  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
areas.

10.  A search of the U. S. Army Human Resources Command Unit Awards
Database failed to reveal any unit awards for the 1st Brigade, 82d Airborne
Division.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 29 February 1992 was
amended in September 1992 to add the KLM.  However, at that time only one
KLM was authorized, and the KLM on his DD Form 215 was not specifically
identified as being awarded by the Kingdom of Saudi Arabia.  In November
1995, the Government of Kuwait also awarded a KLM – the KLM-K.

2.  The applicant completed a tour in Korea and is eligible for award of
the Korea Defense Service Medal.

3.  The applicant’s DD Form 215, dated 14 September 1992, should be voided
and a new one prepared to correct his DD Form 214 for the period ending
    29 February 1992 to add the KLM-SA, the KLM-K, and the Korea Defense
Service Medal.

BOARD VOTE:

__jbg___  __dws___  __rsv___  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.  voiding his DD Form 215 dated 14 September 1992; and

     b.  preparing a new DD Form 215 to correct his DD Form 214 for the
period ending 29 February 1992 to add the KLM-SA, the KLM-K, and the Korea
Defense Service Medal.




                            __James B. Gunlicks___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070015415                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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