IN THE CASE OF:	  

		BOARD DATE:	 16 April 2009 

		DOCKET NUMBER:  AR20080013861 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal and the Kuwait Liberation Medal – Government of Kuwait.

2.  The applicant states, in effect, that he served in the Republic of Korea for a period of time which qualified him for award of the Korea Defense Service Medal.
He also states that he served in Southwest Asia for a period of time which qualified him for award of the Kuwait Liberation Medal - Kuwait.  

3.  The applicant provides a copy of a DD Form 214 and an Officer Record Brief as documentary evidence in support of this 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 enlisted in the Regular Army on 1 July 1966 and served on active duty until 24 July 1970.  He was transferred to the U.S. Army Reserve (USAR) on 25 July 1970 and remained in that status until
30 June 1972.  The applicant enlisted in the USAR Delayed Entry Program (DEP) on 9 July 1975, was discharged from the DEP on 2 November 1975, and enlisted in the Regular Army on 3 November 1975.  He was appointed a warrant officer in the USAR and was awarded military occupational specialty (MOS) 224BO (Chaparral/Vulcan Systems Technician), which was later converted to MOS 140BO.  Upon his appointment, the applicant was immediately ordered to active duty and served as an active duty warrant officer until he retired for length of service on 31 March 1992.  

3.  Item 18f (Foreign and/or Sea Service This Period) of the applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 22 August 1978 shows that he served 10 months and 3 days of foreign and/or sea service during this period of service.  Item 27 (Remarks) shows the applicant's last overseas service was in Korea.

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Korea during the period from 21 August 1976 through 24 June 1977.

5.  The applicant provides an Officer Record Brief which was prepared in November 1990.  Section I (Assignment Information) shows the applicant served in South Korea for a period of 12 months which ended in June 1976.  This section also contains a handwritten entry indicating the applicant served in Saudi Arabia for a period of 7 months which ended in April 1991.  Section IX (Assignment History) of this form contains a handwritten entry indicating the applicant served in Dhahran, Saudi Arabia, for a period of 7 months from 13 September 1990 through 6 April 1991.

6.  Standard Form 813 (Verification of a Military Retiree's Service in Nonwartime Campaigns or Expeditions), dated 5 October 1993, shows the applicant served in the Persian Gulf from 13 September 1990 through 6 April 1991.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of the DD Form 214 issued to the applicant upon retirement shows the Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Good Conduct Medal (3rd award), Bronze Star Medal, Army Commendation Medal (2nd OLC [oak leaf cluster]), Army Achievement Medal (3rd OLC), Air Assault Badge, National Defense Service Medal (2nd award), Overseas Service 
Ribbon (6th award), Southwest Asia Service Medal with 2 Bronze Service Stars, Kuwait Liberation Medal-Saudi Arabia, Parachutist Badge, and the Meritorious Service Medal.  This document does not show award of either the Korea Defense Service Medal or the Kuwait Liberation Medal-Kuwait.

8.  Army Regulation 600-8-22 (Military Awards) states that the Korea 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 encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and 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. 

9.  Army Regulation 600-8-22, in pertinent part, provides the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (Kuwait Liberation Medal-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.  This regulation also provides the Kuwait Liberation Medal awarded by the Government of Kuwait (Kuwait Liberation Medal-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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show award of the Korea Defense Service Medal and the Kuwait Liberation Medal-Kuwait were carefully considered and determined to have merit.

2.  Evidence shows the applicant served on active duty during a designated period of time to qualify for award of the Korea Defense Service Medal.  Therefore, he is entitled to award of the Korea Defense Service Medal and to have his records corrected to show this award.

3.  Evidence shows the applicant served on active duty during a designated period of time and place to qualify for award of the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to award of the Kuwait Liberation Medal-Kuwait and to have his records corrected to show this award.


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 to item 13 of his DD Form 214 for the period ending 31 March 1992 the Korea Defense Service Medal and the Kuwait Liberation Medal-Kuwait.



      __________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)                                         AR20080013861



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ABCMR Record of Proceedings (cont)                                         AR20080013861



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