IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090017025
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 award of the Kuwait Liberation Medal issued by the Government of Kuwait in 1995 and the Korea Defense Service Medal authorized by President Bush in 2002.
2. The applicant states that he discovered he was entitled to these awards after he was discharged.
3. The applicant provides the following:
a. DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 May 1993;
b. a letter from the National Personnel Records Center, dated 31 August 2009; and
c. two excerpts from the website at "veteranmedals.army.mil" describing the Kuwait Liberation Medal (Government of Kuwait) and the Korea Defense Service Medal.
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 Army Reserve on 8 November 1983 for a 3-year period. He was discharged from the Army Reserve and enlisted in the Regular Army on 31 January 1984. He completed the training requirements and was awarded military occupational specialty 12B (Combat Engineer).
3. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.
4. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 13 January 1991 to 21 April 1991.
5. The applicant's DA Form 2-1 (Personnel Qualification Record), Item 5 (Oversea Service) shows he served in the Federal Republic of Korea from 4 July 1988 to 7 June 1989 for a period of 11 months on permanent change of station orders. In addition, he served in Saudi Arabia for 4 months on temporary duty orders from 13 January 1991 to 21 April 1991.
6. On 12 May 1993, the applicant was honorably discharged from active duty. His DD Form 214 shows he completed 9 years, 3 months, and 12 days of active service.
7. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Kuwait Liberation Medal - (Government of Kuwait)
or the Korea Defense Service Medal. He received the following awards and decorations:
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Achievement Medal (Second Oak Leaf Cluster)
* Army Commendation Medal
* Good Conduct Medal (3rd Award)
* Noncommissioned Officer Professional Development Ribbon Numeral "2"
* Overseas Service Ribbon
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Government of Saudi Arabia)
* Drivers Badge (Wheel and Track)
* Expert Marksmanship Qualification Badge with Rifle Bar
8. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.
9. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 13 January 1991 to 21 April 1991. Therefore, he is authorized the Kuwait Liberation Medal - Government of Kuwait.
2. Based on the evidence of record, the applicant served in the Republic of Korea from 4 July 1988 to 7 June 1989. Therefore, he is authorized the Korea Defense Service 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 adding the following awards to his DD Form 214, dated 12 May 1993:
a. Kuwait Liberation Medal - Government of Kuwait; and
b. Korea Defense Service Medal.
_______ _ 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) AR20090017025
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090017025
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110008030
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal and Kuwait Liberation Medal. The applicant provides his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the entry "01 02 28" and replacing it with "01 06 22"; b. adding to item 13 of his DD Form 214 the Army...
ARMY | BCMR | CY2010 | 20100026635
Based on the evidence of record, the applicant served in Operations Desert Shield/Desert Storm during the period 1 September 1990 to 25 March 1991. While the applicant did not specifically request correction to his DD Form 214 to show his foreign service tour in Kuwait/Saudi Arabia, it would be appropriate to do so based on his foreign service tour recorded on the DMDC Desert Shield/Storm Data Base. Based on the applicant's service in Saudi Arabia in support of Operations Desert Shield and...
ARMY | BCMR | CY2009 | 20090019654
The applicant requests, through his Congressional representative, the Southwest Asia Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) 2. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he is authorized the Southwest Asia Service Medal or any other Desert Shield/Storm award. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2008 | 20080003084
Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's military personnel record shows he served a period of active service in the Regular Army from 29 December 1988 to 23 December 1991. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that decorations, service medals, campaign credits, and badges awarded or...
ARMY | BCMR | CY2009 | 20090019306
The applicant requests, in effect, that his service in Iraq during Operation Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. Army Regulation 600-8-22 states the...
ARMY | BCMR | CY2009 | 20090012745
The applicant requests that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge From Active Duty) be issued to show his dates of service in Saudi Arabia, the Kuwait Liberation Medal - Saudi Arabia, the Kuwait Liberation Medal - Government of Kuwait, and his Army Commendation Medal. The applicant states the dates of his in-country service in Saudi Arabia and the awards are missing from his DD Form 214 (Certificate of Release or Discharge From Active Duty) with a...
ARMY | BCMR | CY2010 | 20100014206
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 January 1994 be corrected to show he was deployed during Operation Desert Storm. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format....
ARMY | BCMR | CY2014 | 20140005119
The applicant requests his foreign service and awards for Operations Desert Shield and Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 May 1992. His DD Form 214 showed in: * item 12c (Net Active Service This Period) - 3 years, 11 months, and 29 days * item 12f (Foreign Service) - no foreign service 7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2015 | 20150002948
The applicant requests his foreign service and awards for Operations Desert Shield and Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 September 1992. His DD Form 214 shows he was awarded the: * Army Service Ribbon * National Defense Service Medal * Army Lapel Button 9. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214...
ARMY | BCMR | CY2012 | 20120002333
This certificate awarded him the Army Commendation Medal for the period 10 July 1972 to 1 February 1993. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. His Army Commendation Medal was awarded on 5 August 1993, over 2 years after his release from active duty.