BOARD DATE: 25 September 2009
DOCKET NUMBER: AR20090009659
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 Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal - Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal - Government of Kuwait (KLM-KU).
2. The applicant states that these awards were never issued to him.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 25 January 1984.
3. On 4 August 1998, the applicant was honorably discharged. 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 (5th Award), Army Achievement Medal, Army Good Conduct Medal (4th Award), Army Lapel Button, National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon (3rd Award), Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. The applicant submitted a copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows in item 5 (Original DD Form 214 is Corrected as Indicated Below) that his discharge document was corrected to read "SERVICE IN SAUDI ARABIA/
KUWAIT FROM 910101-910519."
5. Part If (Unit, Organization, Station, Zip Code or APO, Major Command) of the applicant's Noncommissioned Officer Evaluation Report shows that during the period of his report from August 1990 to July 1991, he was assigned and deployed to Southwest Asia with the 12th Engineer Battalion, 8th Infantry Division.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the SWASM is awarded to Army members who participated in Operation Desert Shield/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 Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) campaigns.
7. Army Regulation 600-8-22 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.
8. 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.
9. Headquarters, Department of the Army, General Orders Number 14, dated 11 April 1997, show that the 12th Engineer Battalion was awarded the Valorous Unit Award for the period 19 January 1991 to 19 May 1991.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the SWASM.
2. The available evidence clearly shows the applicant deployed to Southwest
Asia in support of Operation Desert Shield/Desert Storm from 1 January 1991 to 19 May 1991. As a result, he not only served in Southwest Asia during a qualifying period for award of the SWASM, he also qualifies for award of the KLM-SA awarded by the Kingdom of Saudi Arabia and the KLM-KU awarded by the Government of Kuwait.
3. The applicant participated in the Defense of Saudi Arabia and the Liberation and Defense of Kuwait campaigns. Therefore, he is entitled to correction of his military records to show the award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU.
4. General orders show that the 12th Engineer Battalion was awarded the Valorous Unit Award while the applicant was assigned to this unit. Therefore, he is entitled to correction of his records to show this unit award.
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 SWASM with two bronze service stars, the KLM-SA, the KLM-KU, and the Valorous Unit Award.
__________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) AR20090009659
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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