IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080008922
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 his 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K). He also notes that he did not receive a discharge certificate from the active Army.
2. The applicant states he received the Southwest Asia Service Medal with one bronze serve star but did not receive either of the Kuwait Liberation Medals. He states he was assigned to the 4th Infantry Division at Fort Carson, Colorado at the time.
3. The applicant provides a copy of his 1996 DD Form 214.
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 20 October 1992. He arrived at Fort Carson in April 1993.
3. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 1990 and 1997. There are two entries pertaining to the applicant indicating that he deployed to that theater between January and April 1995 and again between November and December 1995.
4. The applicant was released from active duty on 19 October 1996 with an honorable characterization of service and transferred to the United States Army Reserve. He subsequently enlisted in the Army National Guard and was honorably discharged from the Army National Guard in October 2000. An Honorable Discharge Certificate (DD Form 256A) was issued to the applicant at that time.
5. The applicant's 1996 DD Form 214 confirms he was awarded the Southwest Asia Service Medal.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Armys awards policy. Paragraph 2-14 contains guidance on award of the Southwest Asia (SWA) Service Medal. It states, in pertinent part, that it is awarded for service in SWA on or after 2 August 1990 to 30 November 1995.
7. 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.
8. 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.
9. Army Regulation 635-5 (Separation Documents) states that a DD Form 256A (Honorable Discharge Certificate) is issued to Soldiers receiving an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant did serve in Southwest Asia, and was awarded the SWA Service Medal, his service in that theater occurred after the ending date for eligibility of either Kuwait Liberation Medal. As such, he is not entitled to those awards.
2. The applicant was released from active duty in 1996 and not discharged. As such, a DD Form 256A was not issued at that time. When the applicant was honorably discharged from the Army National Guard in 2000 the discharge certificate was appropriately issued.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The evidence available in this case does not satisfy the aforementioned requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ___x_____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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.
ABCMR Record of Proceedings (cont) AR20080008922
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ABCMR Record of Proceedings (cont) AR20080008922
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