IN THE CASE OF:
BOARD DATE: 13 November 2008
DOCKET NUMBER: AR20080005680
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 the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests that his foreign service be increased by 90 days.
2. The applicant states that he was separated prior to the KLM-KU being approved. Also, his DD Form 214 does not reflect his service in Kuwait during Operation Intrinsic Action.
3. The applicant provides no additional evidence in support of his application.
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 13 June 1989. He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).
3. The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 1 October 1990 to 13 April 1991 and from 1 October 1992 to 31 December 1992.
4. The applicant was honorably released from active duty on 12 June 1993.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows, in part, that he was awarded the Kuwait Liberation Medal.
6. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia from 11 October 1990 through 14 April 1991. Item 12f (Foreign Service) shows he served 6 months and 4 days of foreign service.
7. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Desert Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and
31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.
8. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal (KLM-SA), awarded by the Government of Saudi Arabia, was approved on 3 January 1992 and is awarded to those members who participated in the Persian Gulf War from 17 January to 28 February 1991.
9. Army Regulation 600-8-22 states the KLM-KU, awarded by the Government of Kuwait, was approved on 7 August 1995 and is awarded to those members who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The Desert Shield/Desert Storm Data Base confirms that the applicant served in Southwest Asia twice -- from 1 October 1990 to 13 April 1991 (although his DD Form 214 shows he served from 11 October 1990 through 14 April 1991, 6 months and 4 days) and from 1 October 1992 to 31 December 1992.
2. Based upon the information contained on the Desert Shield/Desert Storm Data Base, item 18 of the applicant's DD Form 214 should be amended to add his service in Southwest Asia from 1 October 1992 to 31 December 1991 and item 12f should be amended to show he served 9 months and 4 days of foreign service.
3. The applicant's DD Form 214 shows he was awarded the Kuwait Liberation Medal. This was the KLM-SA, as the KLM-KU was not approved for award until after he separated. The applicant's DD Form 214 should be amended to delete the Kuwait Liberation Medal and to add the KLM-SA and the KLM-KU.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).
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:
a. amending item 12f of his DD Form 214 to show he completed 9 months and 4 days of foreign service;
b. amending item 13 of his DD Form 214 to delete the entry, "KUWAIT LIBERATION MEDAL";
c. amending item 13 of his DD Form 214 to add the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait); and
d. amending item 18 of his DD Form 214 to add, "SERVICE IN SOUTHWEST ASIA FROM 19921001 19921231."
________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.
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