IN THE CASE OF:
BOARD DATE: 11 AUGUST 2009
DOCKET NUMBER: AR20090004937
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, award of the Kuwait Liberation Medal (KLM).
2. The applicant states, in effect, he was a member of the 82nd Airborne Division and served in support of Operation Desert Shield/Storm.
3. The applicant provides the following documents in support of his application: DD Form 214 (Certificate of Release or Discharge from Active Duty); National Personnel Records Center letter; Operation Desert Storm certificate; 1997, 2000, and 2005 Secretary and Assistant Secretary of Defense letters; letter of commendation; deployment verification memorandum; and Department of Veterans Affairs letter.
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 and entered active duty on 2 September 1988. He was trained in and served in military occupational specialty 11B (Infantryman).
3. The applicant's record also shows he served in Southwest Asia (SWA) in support of Operation Desert Shield/Storm from 19 August 1990 through 3 April 1991 and that during this period he was assigned to Company A, 2nd Battalion, 504th Parachute Infantry Regiment.
4. On 18 February 1992, the applicant was honorably released from active duty in the rank of specialist after completing 3 years, 5 months, and 17 days of active military service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards: Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal (SWASM) with two bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge with bronze service star, Army Achievement Medal, Combat Infantryman Badge, and Expert Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 9-14 contains guidance on the KLM-Saudi Arabia and states, in pertinent part, that it is authorized for service in support of Operation Desert Storm between 17 January 1991 and 28 February 1991. Paragraph 9-15 contains guidance on the KLM-Kuwait and states, in pertinent part, that it is authorized for service in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
The applicant's record confirms he served in SWA in support of Operations Desert Shield and Desert Storm from 19 August 1990 through 3 April 1991. As a result, he is eligible for both the KLM-Saudi Arabia and KLM-Kuwait which should both be added to his record and DD Form 214 at this time.
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 Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait and by providing him a correction to his DD Form 214 that includes this change.
___________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.
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