IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20090015126
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 missing awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states awards are missing from his DD Form 214 and specifically identifies the Kuwait Liberation Medal-Saudi Arabia (KLM-SA) awarded for service in Southwest Asia (SWA) between 17 January 1991 and
28 February 1991.
3. The applicant provides an internet document identifying awards for the Gulf War.
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 record shows he enlisted in the Regular Army on 9 August 1988 with prior active service. He was trained in and awarded military occupational specialty (MOS) 13B (Cannon Crewmember).
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he attained the rank/grade of specialist (SPC)/E-4 on 15 June 1990, and this is the highest rank/grade he held and served in on active duty. Item 5 (Overseas Service) shows he served in Saudi Arabia from 1 January through 5 May 1991.
4. On 29 November 1991, the applicant was honorably released from active duty (REFRAD), in the rank/grade of SPC/E-4, after completing 3 years, 3 months, and 21 days of active service this period for a total of 3 years, 7 months, and
15 days of active service. The DD Form 214 he was issued at the time contains an entry in item 18 (Remarks) that confirms he served in SWA from 2 January 1991 to 5 May 1991. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards:
* Army Commendation Medal (ARCOM).
* Army Achievement Medal (AAM)
* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Southwest Asia Service Medal (SWASM) with 2 bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar.
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 9-14 contains guidance on the KLM-SA. It states it is authorized to members for service in Operation Desert Storm in SWA between 17 January 1991 and 28 February 1991.
6. Paragraph 9-15 of the awards regulation contains guidance on the Kuwait Liberation Medal-Kuwait (KLM-KU). It states it is authorized for service in support of Operation Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention item 13 of his DD Form 214 is missing awards authorized for his service in SWA has been carefully considered and found to have merit.
2. By regulation, the KLM-SA is authorized for service in SWA between
17 January 1991 and 28 February 1991; and the KLM-KU is authorized for service in SWA between 2 August 1990 and 31 August 1993.
3. The evidence of record confirms the applicant served in SWA from 2 January 1991 to 5 May 1991. As a result, he is eligible for the KLM-SA and KLM-KU and they should be added to his record and DD Form 214.
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. adding to item 13 of his DD Form 214 the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait; and
b. providing him a correction to his DD Form 214 that includes these awards.
__________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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