BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090005507
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 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-KU).
2. The applicant states he was stationed in Iraq and Saudi Arabia during Operation Desert Shield but the awards were not entered on his DD Form 214.
3. The applicant provides a copy of an internet description of these awards and a copy of his DD Form 214 in support of this 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's military records show he enlisted in the Minnesota Army National Guard on 2 November 1981. He was awarded the military occupational specialty of heavy antiarmor weapons crewman. He was separated from the Minnesota Army National Guard on 14 July 1985 and enlisted in the Army Delayed Entry Program on 15 July 1985. He enlisted in the Regular Army on 1 October 1985 and reenlisted on 11 April 1988 for five years. The highest grade he attained was pay grade E-4.
3. On 16 December 1991, the applicant was separated from active duty with an under other than honorable conditions (UOTHC) characterization of service for misconduct-pattern of misconduct after completing 6 years, 2 months, and 12 days of active duty service; 3 years, 8 months, and 13 days of prior inactive service; and 4 days of lost time.
4. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his UOTHC discharge to an honorable discharge. On 14 November 2005, the ADRB upgraded his discharge to an honorable discharge.
5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia during the period 11 September 1990 to 7 April 1991.
6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
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-KU) 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:
The available evidence shows the applicant completed qualifying service for award of the KLM-KU and the KLM-SA. Therefore, he is entitled to have his records corrected to show these awards.
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 the applicant's DD Form 214 by adding the KLM-KU and the KLM-SA.
_______ _ _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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