IN THE CASE OF:
BOARD DATE: 19 JUNE 2008
DOCKET NUMBER: AR20080004479
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, in effect, that his separation document (DD Form
214) be corrected to show the awards of the Korean Defense Service Medal and Kuwait Liberation Medal-Kuwait.
2. The applicant states that the medals were approved after he was separated from the service, but he did not receive any awards and/or certificates.
3. The applicant provides a copy of his DD Form 214 and DA Form
2-1 (Personnel Qualification Record, Part II).
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's military personnel record shows he enlisted in the Regular Army on 15 January 1981. He completed the necessary training and was awarded the military occupational specialty (MOS) 95B (Military Police).
3. He served with the 2d Military Police Company, 2nd Infantry Division in the Republic of Korea during the period of 21 May 1981 to 14 May 1982. He also served with the 260th Military Police Company and Combat Support Company Team #3 in the Republic of Korea during the period of 13 June 1984 to 6 July 1986.
4. He served a tour in Southwest Asia during the period of 5 December 1990 to
15 May 1991.
5. He served continuously on active duty until he was honorably released under the Early Release Program on 30 June 1995. He completed 14 years,
5 months, and 16 days of Net Active Service This Period.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows all the awards the applicant was authorized to include the award of the Kuwait Liberation Medal and the Southwest Asia Service Medal with three bronze service stars. However, it does not show the award of the Korean Defense Service Medal.
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.
9. Army Regulation 600-8-22 (Military Awards) states that the Korean Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the
Republic of Korea. The area of eligibility and period of eligibility are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the awards of the Korean Defense Service Medal and Kuwait Liberation Medal-Kuwait.
2. Evidence shows that the applicant was awarded the Kuwait Liberation Medal. However, it does not indicate whether the medal was awarded by the Kingdom of Saudi Arabia or by the Government of Kuwait. As such, in the interest of equity it would be best to remove this award and add the awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) for the period of
5 December 1990 to 15 May 1991.
3. Evidence shows that the applicant served in the Republic of Korea during the periods 21 May 1981 to 14 May 1982 and 13 June 1984 to 6 July 1986. Therefore, he is entitled to correction of his records to show the Korean Defense Service Medal.
BOARD VOTE:
___X_____ __X______ ___X_____ 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 showing the awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K), and Korean Defense Service Medal.
_ __X_____ ___
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.
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