IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20090002357
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 a corrected DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all medals, awards, and ribbons that are not listed on his current DD Form 214.
2. The applicant states he was discharged too quickly following the Gulf War.
3. The applicant provides no additional evidence or official documentation 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 was commissioned a major in the U.S. Army Reserve, Medical Corps, on 18 April 1985. He had previously completed 11 years, 7 months, and
5 days commissioned service in the U.S. Air Force and the U.S. Air Force Reserve.
3. The applicant entered active duty on 21 November 1990.
4. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from
2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.
5. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 16 December 1990 to 26 March 1991.
6. On 9 April 1991, the applicant was released from active duty by reason of the expiration of his period of service. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 for the period ending 9 April 1991 shows he was awarded or authorized the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal with one bronze service star, and the Air Force Longevity Service Award.
7. On 25 May 1992, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued to the applicant adding the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal to item 13 of his DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) awarded by the Kingdom of 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.
9. Army Regulation 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal - Government of Kuwait (KLM-K) awarded by the Government of 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:
Based on the applicant's period of service in Southwest Asia he is authorized the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal - Government of Kuwait (KLM-K). Therefore, it is appropriate to include these awards on the applicant's DD Form 214.
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 amending item 13 of his DD Form 214 as follows:
a. delete: Kuwait Liberation Medal; and
b. add: Kuwait Liberation Medal (KLM-SA), Kuwait Liberation Medal
(KLM-K).
_______ _ 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) AR20090002357
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ABCMR Record of Proceedings (cont) AR20090002357
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