IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080009989
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 award of the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA).
2. The applicant states, in effect, that he is eligible for both medals for his service in support of Operations Desert Shield/Storm.
3. The applicant provides copies of DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 22 June 1991 and 4 April 1990; a DD Form 215 (Correction to DD Form 214); and documentation pertaining to both medals.
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 was ordered to active duty on 31 January 1991 in support of Operation Desert Shield/Desert Storm. He served in Southwest Asia from
22 February 1991 to 17 June 1991. On 22 June 1991, he was released from active duty.
3. The applicants DD Form 214 for the period ending 22 June 1991 shows the Army Service Ribbon, the National Defense Service Medal, the Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. The applicant provided a DD Form 215, dated 14 January 1992, which amended his DD Form 214 for the period ending 22 June 1991 to show the Southwest Asia Service Medal (SWASM) with one bronze service star.
5. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM 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), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).
6. The 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.
7. The 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:
The applicants DD Form 215 shows the SWASM with one bronze service star. However, based on the applicants service in Southwest Asia from 22 February 1991 to 17 June 1991, he is eligible for award of the SWASM with two bronze service stars. In addition, he is eligible for award of the KLM-K and the KLM-SA.
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 adding the SWASM with two bronze service stars, the KLM-K, and the KLM-SA to his DD Form 214 for the period ending 22 June 1991.
_______ 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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