Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090004937
Original file (20090004937.txt) Auto-classification: Approved

		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 applicant’s 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 applicant’s 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.

ABCMR Record of Proceedings (cont)                                         AR20090004937



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004937



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080013227

    Original file (20080013227.txt) Auto-classification: Approved

    Paragraph 2-14 states, in pertinent part, that a bronze service star is authorized for wear with the SWASM for each campaign a member is credited with participating in while serving in SWA in support of the Persian Gulf War during Operations Desert Shield/Desert Storm. The evidence of record confirms the applicant served in Saudi Arabia in support of Operation Desert Shield/Storm from 20 September 1990 through 17 April 1991, as evidenced by her DD Form 214, and the official Operation Desert...

  • ARMY | BCMR | CY2008 | 20080013022

    Original file (20080013022.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his separation document (DD Form 214) be corrected by adding the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal-Kuwait (KLM-Kuwait) and Kuwait Liberation Medal-Saudi Arabia (KLM-Saudi Arabia). Therefore, it would be appropriate to add these awards to his record and separation document at this time.

  • ARMY | BCMR | CY2009 | 20090005451

    Original file (20090005451.txt) Auto-classification: Approved

    The applicant provides his DD Form 214 in support of his application. The applicant's record shows that on 6 December 1990 while serving in the United States Army Reserves (USAR) he was ordered to active duty in support of Operation Desert Shield/Storm. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.

  • ARMY | BCMR | CY2013 | 20130009148

    Original file (20130009148.txt) Auto-classification: Approved

    The applicant requests: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in Southwest Asia (SWA); and b. the Southwest Asia Service Medal (SWASM), National Defense Service Medal (NDSM), and Kuwait Liberation Medal (KLM) awarded by the Kingdom of Saudi Arabia (KLM-SA) be added to his DD Form 214. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service...

  • ARMY | BCMR | CY2007 | 20070017546

    Original file (20070017546.txt) Auto-classification: Approved

    Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) should be corrected to show he served during Operation Desert Storm/Desert Shield. The applicant’s records show that he was promoted to SGT/E-5 on 10 January 1993, after the completion of...

  • ARMY | BCMR | CY2009 | 20090001117

    Original file (20090001117.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record confirms he served in SWA in support of Operations Desert Shield/Desert Storm during the period from 13 December 1990 through 15 March 1991 as evidenced by his DD Form 214 and the 12 June 1991 unit memorandum he provided. Therefore, even if the applicant met the basic eligibility requirements for the CAB, it was not authorized during the period he...

  • ARMY | BCMR | CY2011 | 20110011156

    Original file (20110011156.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal, Southwest Asia Service Medal with two bronze service stars, and Kuwait Liberation Medal. He provided a DA Form 638-1, dated 8 April 1991, which shows he was awarded the Army Commendation Medal for meritorious service from 6 January to 1 May 1991 by Headquarters, 11th Signal Brigade, Permanent Order Number 29-99, dated 19 April 1991. ...

  • ARMY | BCMR | CY2008 | 20080007593

    Original file (20080007593.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, his service in SWA in support of Operation Desert Shield/Desert Storm should be reflected on his DD Form 214. By regulation, all overseas service completed during the period covered by the DD Form 214 will be entered in Item 12f, all awards earned during military service will be entered in Item 13, and an entry documenting deployed service of active duty Soldiers...

  • ARMY | BCMR | CY2014 | 20140005029

    Original file (20140005029.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Southwest Asia Service Medal (SWASM) and any awards and decorations to which he may be entitled for his service in SWA. Therefore, his DD Form 214 should be corrected to show these awards. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in SWA.

  • ARMY | BCMR | CY2010 | 20100008460

    Original file (20100008460.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf region during Operation Desert Storm and awards earned as a result of this service. _______ _ 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...