IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090016883
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect entitlement to the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).
2. The applicant states his DD Form 214 does not show the award although he served in Southwest Asia during Operations Desert Shield/Desert Storm.
3. The applicant provides a copy of his DD Form 214 for the period ending
26 August 1991.
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. Records available to the Board indicate the applicant enlisted in the Regular Army (RA) on 3 November 1987. He was deployed to Southwest Asia in support of Operations Desert Shield/Desert Storm between August 1990 and April 1991.
3. On 26 August 1991 the applicant was released from active duty to continue his education. While item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does reflect entitlement to the Southwest Asia Service Medal it does not reflect entitlement to the KLM-SA or the KLM-KU.
4. Army Regulation 600-8-22 (Military Awards) provides for awards of the
KLM-SA and the KLM-KU. The 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. 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.
DISCUSSION AND CONCLUSIONS:
Based on the applicants service in Southwest Asia between August 1990 and April 1991 he is entitled to the KLM-SA and the KLM-KU. Therefore, his records should be corrected to show these medals.
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 to item 13 of his DD Form 214 the KLM-SA and the KLM-KU.
__________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) AR20090016883
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ABCMR Record of Proceedings (cont) AR20090016883
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