RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080000059
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 1 February 1992 to show award of the Southwest Asia Service Medal and the Kuwait Liberation Medal.
2. The applicant states, in effect, that the above awards came out after he was released from active duty.
3. The applicant provides his DD Form 214.
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 had prior enlisted service. He was appointed as a Reserve Commissioned Officer of the Army at the rank of Second Lieutenant (2LT) on
13 May 1989 in the United States Army Reserve (USAR). The applicant was ordered to active duty on 27 August 1989.
3. The applicant's Officer Evaluation Report (OER) with rating period ending
19 December 1990 shows that he was deployed to Saudi Arabia. The exact period the applicant was deployed to and from the Southwest Asia Theater of Operations is not available.
4. Headquarters, United States Army Forces Central Command Permanent Orders 51-8, dated 21 March 1991, show that the applicant was awarded the Combat Infantryman Badge for active ground combat during the period
24 - 27 February 1991. He apparently departed the Southwest Asia Theater of Operation after being credited with participating in two campaigns.
5. On 1 February 1992, the applicant was honorably released from active duty.
His DD Form 214 with the period ending 1 February 1992 shows that he was awarded the Army Commendation Medal 2nd Oak Leaf Cluster, the Army Achievement Medal 2nd Oak Leaf Cluster, the Army Reserve Components Achievement Medal, the National Defense Service Medal 2nd Award, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Combat Infantryman Badge, and the Parachutist Badge.
6. 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 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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).
7. 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's OER with the ending period 19 December 1990 and Headquarters, United States Army Forces Central Command Permanent Orders 51-8, dated 21 March 1991, verify that he was deployed to Saudi Arabia in support of Operation Desert Shield/ Desert Storm at least between December 1990 and February 1991.
2. The applicant met the eligibility criteria for award of the Southwest Asia Service Medal, the Kuwait Liberation Medal-Kuwait, and the Kuwait Liberation Medal-Saudi Arabia. His participation in two campaigns makes him eligible for two bronze service stars to be worn on his Southwest Asia Service Medal. The applicant's DD Form 214 should be amended to add these awards.
BOARD VOTE:
__XXX __ ___XXX _ __XXX__ 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 amending his DD Form 214 to add the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal-Kuwait, and the Kuwait Liberation Medal-Saudi Arabia.
___ XXX __
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018337
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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