IN THE CASE OF:
BOARD DATE: 23 February 2010
DOCKET NUMBER: AR20090015724
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 issued by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal issued by the Government of Kuwait (KLM-KU).
2. The applicant states that he served in Southwest Asia in support of Operation Desert Storm and the medals were approved after his discharge.
3. The applicant provides a copy of an Internet printout, dated 28 August 2009, titled, "How to Obtain Service Medals"; a copy of his DD Form 214, dated 7 February 1992; and a copy of a certificate, dated 15 May 1991, showing award of the Army Commendation Medal in support of his request.
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 applicant's 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 applicant's 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 for a period of 4 years on 4 August 1989. He completed basic combat and advanced individual training and was awarded military occupational specialty 71M (Chaplain Assistant). He was honorably discharged from active duty in the rank/grade of specialist/E-4 on 7 February 1992.
3. The applicant's records show he served in Southwest Asia from 16 December 1990 to 27 March 1991.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Good Conduct Medal, the Army Lapel Button, the Noncommissioned Officer Professional Development Ribbon, the Southwest Asia Service Medal with two bronze service stars, the Expert Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Army Achievement Medal. Item 13 does not show award of the KLM-SA and/or the KLM-KU.
5. 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 1991 and 28 February 1991.
6. 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.
7. A review of the applicant's records indicates his entitlement to an additional award which is not listed on his DD Form 214.
8. Headquarters, 7th Infantry Division (Light) and Fort Ord, Fort Ord, CA, Permanent Orders 89-107, dated 10 May 1990, show the applicant was awarded the Air Assault Badge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Southwest Asia during the Gulf War from 16 December 1990 to 27 March 1991; therefore, he served a qualifying period for award of the KLM-SA and the KLM-KU and he is entitled to correction of his records to show these awards.
2. Permanent orders awarded the applicant the Air Assault Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
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 awards of the KLM-SA, KLM-KU, and Air Assault Badge to his 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) AR20090015724
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ABCMR Record of Proceedings (cont) AR20090015724
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