IN THE CASE OF:
BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090005018
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add his Purple Heart (PH), Army Achievement Medal (AAM), Southwest Asia Service Medal (SWASM), and Kuwait Liberation Medal.
2. The applicant states that he was wounded in Operation Desert Storm and believes it to be important to have all of his awards entered on his DD Form 214.
3. The applicant provides his DD Form 214, an AAM award certificate which shows he was awarded this decoration by Orders 239-91, and a Purple Heart award certificate.
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 military records show that he enlisted in the Regular Army on 14 June 1990 with 4 years and 4 months or prior inactive service and 9 months and 11 days of prior active service.
3. The applicant was deployed to Saudi Arabia from 1 September 1990 to 30 March 1991.
4. He was honorably released from active duty on 22 October 1991 and placed on the Temporary Disability Retired List (TDRL) the following day.
5. The applicant's records contain Permanent Orders 47-17 dated 16 May 1991 which awarded him the PH.
6. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army Soldiers who participated in Operations Desert Shield and 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 Cease-Fire Campaign (12 April 1991 to 30 November 1995).
7. 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant has orders for the PH and the order number on his AAM certificate. As such, he is entitled to have these awards entered on his DD Form 214.
2. By virtue of his service in Saudi Arabia during Operation Desert Storm, the applicant is entitled to the SWASM with 2 bronze service stars, the KLM-SA, and the KLM-K. It would now be appropriate to add this service medal and these foreign awards to his 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 the DD Form 214 of the individual concerned be corrected by adding the PH, AAM, SWASM 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) AR20090005018
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