IN THE CASE OF:
BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090017466
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 Army Commendation Medal.
2. The applicant states the Army Commendation Medal is not shown on his
DD Form 214 because it was awarded just prior to his discharge.
3. The applicant provides:
* DA Form 638 (Recommendation for Award)
* DD Form 214
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 Regular Army on 16 September 1988. He served as a metal worker in Southwest Asia from 16 October 1990 to 12 April 1991. On 22 August 1991, he was released from active duty.
3. The applicant's DD Form 214 shows the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Army Lapel Button, Marksman Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards.
4. The applicant provided a copy of Headquarters, DISCOM [Division Support Command] Permanent Order Number 8-134, dated 13 June 1991, which shows he received the Army Commendation Medal for the period 13 September 1990 to 15 January 1991.
5. 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.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show this medal.
2. As a related issue and based on the applicant's service in Southwest Asia, he is eligible for award of the KLM-SA, and KLM-K. Therefore, his DD Form 214 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 the Army Commendation Medal, KLM-SA, and KLM-K on 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) AR20090017466
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ABCMR Record of Proceedings (cont) AR20090017466
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