IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20080001070 


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 that his report of separation (DD Form 214) be corrected to reflect his awards of the Army Achievement Medal and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA).  

2.  The applicant states, in effect, that his DD Form 214 is missing his awards of the AAM and the KLM-SA. 

3.  The applicant provides a copy of 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 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.  The applicant enlisted in the Regular Army in Kansas City, Missouri on 2 December 1971 for a period of 3 years and training as an aircraft turbine engine repairman.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training at Fort Eustis, Virginia before being transferred to Vietnam on 24 July 1972.  He served in Vietnam until 24 March 1973, when he was transferred to Fort Riley, Kansas.

3.  The applicant remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 25 July 1987.  

4.  The applicant was transferred to Saudi Arabia on temporary duty (TDY) from 8 February 1991 to 6 April 1991 in support of Operation Desert Shield.

5.  On 31 January 1992, the applicant was honorably released from active duty (REFRAD) in the pay grade of E-7 and was transferred to the Retired List effective 1 February 1992, due to retirement for length of service.  He had served 20 years, 1 month and 29 days of total active service and his DD Form 214 shows that he was awarded the Army Commendation Medal, the Good Conduct Medal (6th award), the National Defense Service Medal (2nd award), the Vietnam Service Medal, the Southwest Asia Service Medal with one bronze service star, the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon with Numeral 2, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Aircraft Crewman Badge and his marksmanship badges.  His DD Form 214 also indicates that the applicant served in Southwest Asia from 8 February to 9 April 1991.

6.  A review of the applicant’s records shows that he was awarded the AAM for meritorious service on 30 June 1987 in Permanent Orders Number 52-1 issued by Eighth Transportation Brigade at Fort Eustis, Virginia.

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.  To be eligible, personnel must be attached to or regularly serving for one or more days with an organization participating in ground or shore operations or serve on temporary duty for 30 consecutive days during the period of 17 January to 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.  To be eligible, personnel must be attached to or regularly serving for one or more days with an organization participating in ground or shore operations or serve on temporary duty for 30 consecutive days during the period of 2 August 1990 to 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the AAM was omitted from his records has been noted and appears to have merit.  The applicant was awarded the AAM in 1987 and that award was administratively omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, it would appropriate to add it to his DD Form 214 at this time.  

2.  The applicant’s contention that his award of the KLM-SA was omitted from his records has also been noted; however, there is no evidence that award was ever issued to the applicant or that he qualified for issuance of the KLM-SA.  The applicant was on TDY to Saudi Arabia in support of Operation Desert Shield from 8 February to 6 April 1991.  In order to have been eligible for the award of the KLM-SA, he would have had to arrive in Saudi Arabia no later than 17 January 1991.  Accordingly, there appears to be no basis to add that award to his records.  

3.  However, the evidence of record does establish that the applicant is entitled to award of the KLM-K because he met the criteria for award of that medal under the TDY criteria established by the governing regulation.  Accordingly, the award of the KLM-K should be added to his records at this time. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was awarded the AAM and the KLM-K. 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the KLM-SA.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam and Gulf Wars.  The applicant and all Americans should be justifiably proud of his service in arms.  




      ___        XXX                ___
                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)                                         AR20080001070





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ABCMR Record of Proceedings (cont)                                         AR20080001070



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