BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090005353
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM), the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).
2. The applicant states that the medals were created after his retirement. He contends that he served in Korea from April 1989 to April 1990 and he participated in Operation Desert Shield/Desert Storm from 24 August 1990 to
1 April 1991.
3. The applicant provides a copy of his DD Form 214 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 8 August 1967. He trained as a self-propelled field artillery system mechanic, a light wheel vehicle mechanic, and a Bradley fighting vehicle system mechanic. He remained on active duty through continuous reenlistments until he retired on 30 September 1991 in the rank of master sergeant.
3. The applicant's DD Form 214 does not show the KDSM, the KLM-SA, or the KLM-K as authorized awards. Item 18 on his DD Form 214 shows he served in Southwest Asia from 24 August 1990 to 1 April 1991.
4. Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 1 May 1989 through
27 April 1990.
5. Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or (3) be participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30- or 60-day requirement and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met. Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
6. The 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.
7. The 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. Based on the applicants service in Southwest Asia, he is eligible for award of the KLM-SA and the KLM-K.
2. The applicant served a period of qualifying service for award of the KDSM.
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 adding the KDSM, the KLM-SA, and the KLM-K to his DD Form 214.
_______ _ __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.
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