IN THE CASE OF:
BOARD DATE: 13 August 2009
DOCKET NUMBER: AR20090005520
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 - Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal - Government of Kuwait
(KLM-KU).
2. The applicant states, in effect, that he served in Southwest Asia (SWA) in support of Operation Desert Storm from 14 January 1991 to 30 April 1991 and as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) he was awarded the SWA Service Medal with two bronze service stars. He also states, in effect, that the KLM-SA and the KLM-KU medals were authorized after he was released from active duty and, therefore, are not recorded on his DD Form 214.
3. The applicant provides a 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 (RA) on 13 June 1988.
3. Item 18 (Remarks) of the applicant's DD Form 214 shows that he served in SWA from 13 January 1991 to 30 April 1991.
4. On 15 January 1992, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal (2nd OLC [oak leaf cluster]), Army Achievement Medal (3rd OLC), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, SWA Service Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Grenade Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the KLM-SA awarded by the Kingdom of Saudi Arabia 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 and
28 February 1991.
6. Army Regulation 600-8-22 also provides, in pertinent part, that the KLM-KU awarded by the Government of Kuwait 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:
Evidence of record shows the applicant deployed to Southwest Asia in support of Operation Desert Storm from 13 January 1991 to 30 April 1991. Therefore, he is entitled to correction of his military record to show the award of the KLM-SA and the KLM-KU.
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 to item 13 of the applicant's DD Form 214 the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Government of Kuwait.
__________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) AR20090005520
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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