IN THE CASE OF:
BOARD DATE: 01 July 2009
DOCKET NUMBER: AR20090002259
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kuwait Liberation Medal (KLM-K), issued by the government of Kuwait; the Kuwait Liberation Medal (KLM-SA), issued by the government of Saudi Arabia; and the Overseas Service Ribbon.
2. The applicant states that he served in Southwest Asia in support of Operations Desert Shield/Storm for a period of 7 months.
3. The applicant provides a copy of an extract of the Gulf War Registry in support of his request.
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 he enlisted in the Regular Army for a period of 4 years on 13 July 1988. He completed basic combat and advanced individual training and was awarded military occupational specialty 63W (Heavy Vehicle Repairman). He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 3 February 1992.
3. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Good Conduct Medal, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Grenade Bar, and the Army Lapel Button. Item 24 does not show award of the KLM-K and/or the KLM-SA.
4. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia from 16 September 1990 to 30 March 1991.
5. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (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.
6. The Kuwait Liberation Medal awarded by the Government of Kuwait (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.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Overseas Service Ribbon for successful completion of overseas tours. At the time the overseas service must not have been recognized with another US service medal. Paragraph 5-4c of this regulation states that a Soldier must be credited with a normal overseas tour completion according to Army Regulation 61430 (Overseas Service).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 16 September 1990 to 30 March 1991; therefore, he served a qualifying period for award of the KLM-SA and the KLM-K and he is entitled to correction of his records to show these awards.
2. With respect to the Overseas Service Ribbon, there is no evidence that the applicant completed and/or was credited with a normal overseas tour for his service in Southwest Asia. In addition, he was awarded another service medal (the Southwest Asia Service Medal) for that overseas tour. Therefore, he does not meet the criteria for award of the Overseas Service Ribbon.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding awards of the KLM-SA and the KLM-K to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Overseas Service Ribbon.
_______ _ 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) AR20090002259
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ABCMR Record of Proceedings (cont) AR20090002259
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