BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090003723
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 he be awarded the Southwest Asia Service Medal.
2. The applicant states, in effect, that to be eligible for federal employment under the Veterans Recruitment Appointment authority he must have been awarded a campaign medal such as the Southwest Asia Service Medal.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of Orders Number 25-7, and a copy of Orders Number 049-C-19 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 enlisted in the Regular Army on 28 July 1988.
3. The applicant submitted a copy of Orders Number 25-7, 7th Signal Command and Fort Ritchie, Fort Ritchie, Maryland, dated 8 February 1991, which show that he was to proceed on temporary duty to Southwest Asia in support of Operation Desert Storm.
4. Orders Number 049-C-19, 3rd Personnel Group, Dhahran, Saudi Arabia, dated 18 February 1991, show the applicant was reassigned while in Saudi Arabia.
5. The Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 18 February to 12 April 1991.
6. On 18 November 1991, the applicant was released from active duty for the convenience of the Government. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Army Service Ribbon, the Sea Service Deployment Ribbon, the Army Achievement Medal, the Noncommissioned Officer Professional Development Ribbon, the National Defense Service Medal, the "Meritorious Unit Citation," the "Marine Good Conduct Medal" (1st award), the Army Good Conduct Medal (1st award), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Hand Grenade Badge.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Southwest Asia Service Medal is awarded to Army members who participated in Operation Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) campaigns.
8. Army Regulation 600-8-22 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 and 28 February 1991.
9. Army Regulation 600-8-22 also 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:
1. The applicant contends that his DD Form 214 should be corrected to show the award of the Southwest Asia Service Medal.
2. The available evidence clearly shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm from 18 February to
12 April 1991. As a result, he not only served in Southwest Asia during a qualifying period for award of the Southwest Asia Service Medal, he also qualifies for award of the KLM-SA awarded by the Kingdom of Saudi Arabia, and the KLM-K which was awarded by the Government of Kuwait.
3. The applicant participated in the Defense of Saudi Arabia and the Liberation and Defense of Kuwait campaigns. Therefore, he is entitled to correction of his military records to show the award of the Southwest Asia Service Medal with two bronze service stars, the KLM-SA, and the KLM-K.
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 by adding the Southwest Asia Service Medal with 2 bronze service stars, the KLM-SA and the 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) AR20090003723
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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