IN THE CASE OF:
BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090012816
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 Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), the Army Achievement Medal, and the Army Commendation Medal.
2. The applicant states that the KLM-KU was awarded per a memorandum, dated 16 March 1995, which was after his service ended. He contends the Army Achievement Medal and the Army Commendation Medal were omitted from his DD Form 214.
3. The applicant provides orders for the Army Achievement Medal; an award certificate for the Army Commendation Medal; a copy of his DD Form 214; and an excerpt on the KLM-KU 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 24 May 1989, served as a chemical operations specialist, and was released from active duty on 23 May 1993.
3. The applicant's DD Form 214 shows the Army Service Ribbon, the National Defense Service Medal, the Air Assault Badge, the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal, the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Component Bar, the Expert Marksmanship Badge with Grenade Component Bar, the Army Lapel Button, and the Driver with Mechanic Badge as authorized awards.
4. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 20 October 1990 to 8 June 1991.
5. There are no orders for the Army Commendation Medal in the available records. However, the applicant provided an award certificate, dated
13 September 1991, for the Army Commendation Medal for meritorious achievement while engaged in combat operations against an enemy of the United States during Operation Desert Shield during the period 20 October 1990 through 16 January 1991.
6. In support of his claim for the Army Achievement Medal, the applicant provided a copy of Headquarters, 7th Infantry Division Permanent Order Number 22-87, dated 4 February 1993, which shows he received the Army Achievement Medal for the period 1 October 1991 to 23 May 1993 (end of tour award). Item 13 (Previous Awards) on the applicant's DA Form 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, or Meritorious Service Medal) shows, among other awards, the Army Commendation Medal.
7. The 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.
8. 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.
9. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows the Kuwait Liberation Medal as an authorized award but does not specify whether it was awarded by the Kingdom of Saudi Arabia or by the Government of Kuwait. Based on the applicants service in Southwest Asia from 20 October 1990 to 8 June 1991, he is entitled to award of the KLM-KU and the KLM-SA.
2. Orders show the applicant received the Army Achievement Medal. Therefore, his DD Form 214 should be corrected to show this medal.
3. The award certificate for the Army Commendation Medal and the entry on the applicant's DA Form 638-1 which shows the Army Commendation Medal as a previous award are accepted as sufficient evidence on which to amend his DD Form 214 to show the Army Commendation Medal.
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:
a. deleting the entry "Kuwait Liberation Medal" from his DD Form 214; and
b. adding the KLM-KU, the KLM-SA, the Army Achievement Medal, and the Army Commendation Medal on this 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.
ABCMR Record of Proceedings (cont) AR20090012816
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