IN THE CASE OF:
BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090015973
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 the Combat Infantryman Badge (CIB) and all other awards he may be entitled to receive.
2. The applicant states an error was made.
3. The applicant provides his DD Form 214; Permanent Orders 30-11, dated 22 April 1991; and excerpts from his military records.
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 military records show that he enlisted in the Regular Army on 16 September 1990, was awarded military occupational specialty (MOS) 11M (fighting vehicle infantryman), and was advanced to pay grade E-2.
3. The applicant served in Saudi Arabia from 14 February to 14 May 1991.
5. Headquarters, 1st Infantry division (Mechanized), Permanent Orders 30-11, dated 22 April 1991, awarded the applicant the CIB.
6. The applicant was honorably retired on 24 August 1992 by reason of temporary physical disability and placed on the Temporary Disability Retired List (TDRL). Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that he was awarded the Kuwait Liberation Medal.
7. 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.
8. The Kuwait Liberation Medal awarded by the Government of Kuwait
(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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CIB by permanent orders. As such, it is now appropriate to add that badge to his DD Form 214.
2. While the applicant was awarded the Kuwait Liberation Medal, it is not specified which liberation medal he was awarded. Therefore, it would be appropriate to delete this award from his DD Form 214 and to add both the Kuwait Liberation Medals since he served during a time each was authorized.
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 from item 13 of his DD Form 214 the Kuwait Liberation Medal; and
b. adding to item 13 of his DD Form 214 the CIB, KLM-KU, and the KLM-SA.
___________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) AR20090015973
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