IN THE CASE OF:	

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080006936 


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 record be corrected to show both the Kuwaiti Liberation Medal - Kuwait and the Kuwait Liberation Medal – Saudi Arabia.   

2.  The applicant states, in effect, that he served in Operation Desert Shield and Desert Storm as a part of the 3rd Battalion, 35th Armored Regiment,
1st Armored Division.  

3.  The applicant provides his discharge orders, separation document (DD Form 214), and a copy of his Bronze Star Medal certificate 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 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's record shows that he was commissioned as a 2nd lieutenant  in the Regular Army on 18 July 1990 in military occupational specialty (MOS) 44A (Finance Officer).  He served in Southwest Asia (SWA) from 31 December 1990 to 3 May 1991, and was honorably released from active duty on 1 January 1994 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  

3.  The DD Form 214 issued to the applicant on 1 January 1994, shows that he completed 3 years, 5 months, and 14 days of active duty service during the period covered by the separation document.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that he earned the following awards:  the Bronze Star Medal, the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Southwest Asia Service Medal with 3 bronze service stars, the Parachutist Badge, and the Kuwait Liberation Medal.  

4.  Item 18 (Remarks) of the applicant's DD Form 214 should contain an entry showing his service in Southwest Asia, with inclusive dates; however, there is no entry.

5.  Army Regulation (AR) 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

6.  AR 600-8-22 also provides that the Kuwait Liberation Medal awarded by the Government of Kuwait 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.

7.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:   
	
	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME)";


	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"; and

	c. “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and to show the Kuwait Liberation Medal awarded by the Government of Kuwait. 

2.  Evidence of record shows the applicant participated in Operation Desert Shield/Desert Storm during the period 31 December 1990 to 3 May 1991.  
Therefore, he is entitled to correction of his military records to show the award of the Kuwait Liberation Medal - Kuwait awarded by the Government of Kuwait, and the Kuwait Liberation Medal - Saudia Arabia awarded by the Kingdom of Saudi Arabia; and to add these two awards to his separation document.

3.  Although it cannot be conclusively determined which countries the applicant served in during his deployment to Southwest Asia based upon the limited information in his military records, it would be appropriate to add an entry in item 18 of his DD Form 214 showing that he served in Southwest Asia from 
31 December 1990 to 3 May 1991.

4.  Item 18 of the applicant’s DD Form 214 is missing the required entries when a Reserve Soldier is ordered to active duty and deployed to a foreign country.  Therefore, his DD Form 214 should be corrected to reflect the required entries as mentioned above.

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.  deleting from Item 13 of his DD Form 214 the entry “Kuwaiti Liberation Medal”;

   b.  adding to Item 13 of his DD Form 214 the entries “Kuwait Liberation Medal – Kuwait” and “Kuwait Liberation Medal - Saudi Arabia”; and

	c.  adding to Item 18 of his DD Form 214 the following entries: “ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM”; "SERVICE IN SOUTHWEST ASIA FROM 199001231 - 19910503"; “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."



      		___________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.

ABCMR Record of Proceedings (cont)                                         AR20080006936



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ABCMR Record of Proceedings (cont)                                         AR20080006936



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