IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080013022
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 by adding the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal-Kuwait (KLM-Kuwait) and Kuwait Liberation Medal-Saudi Arabia (KLM-Saudi Arabia).
2. The applicant states, in effect, the requested awards were approved subsequent to his service in the Persian Gulf.
3. The applicant provides his DD Form 214, unit mobilization orders, and a leave and earnings statement (LES) for September 1991, 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's record shows that after serving in an enlisted status in the United States Army Reserve (USAR), he was appointed a Reserve officer in the rank of second lieutenant (2LT) in specialty 68H (Pharmacy Officer) on
17 February 1989.
3. On 27 December 1990, the applicant was ordered to active duty in support of Operation Desert Shield/Storm. He served on active duty for 3 months and 4 days until being honorably released from active duty (REFRAD) by reason of expiration term of service (ETS) on 1 April 1991.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on 27 December 1990, shows he earned the following awards: National Defense Service Medal; Army Service Ribbon; Army Reserve Components Achievement Medal; Army Reserve Components Overseas Training Ribbon; Overseas Service Ribbon; and Noncommissioned Officer Professional Development Ribbon. Item 18 (Remarks) contains an entry showing he served in Southwest Asia (SWA) from 9 January through 12 March 1991, and the separation document also shows he was serving with the 316th Station Hospital during his active duty service.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-14 contains guidance on award of the SWASM. It states, in pertinent part, that is authorized for service in SWA in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 30 November 1995. A bronze service star is authorized for campaigns a member participated in while serving in SWA. During the applicants tenure of assignment, credit was granted for participation in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns.
6. Paragraph 9-14 of the awards regulation contains guidance on award of the KLM-Saudi Arabia. It states, in pertinent part, that it is authorized to members who participated in Operation Desert Storm between 17 January and 28 February 1991. Paragraph 9-15 contains guidance on award of the KLM-Kuwait. It states, in pertinent part, that it is authorized to members who served in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
The applicant's claim of entitlement to the SWASM and the KLM-Saudi Arabia and KLM-Kuwait was carefully considered and found to have merit. The evidence of record confirms he served in SWA in support of Operations Desert Shied/Desert Storm from 9 January 1991 through 12 March 1991. Based on this SWA service and his campaign participation, he is entitled to the SWASM with
2 bronze service stars, KLM-Saudi Arabia, and the KLM-Kuwait. Therefore, it would be appropriate to add these awards to his record and separation document at this time.
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 Southwest Asia Service Medal with 2 bronze service stars; Kuwait Liberations Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait to Item 13 of his separation document; and by providing him a correction to his separation document that includes these awards.
_______ _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) AR20080013022
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