IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090018042 


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 (KLM-KU), the Kuwait Liberation Medal issued by the Government of Saudi Arabia (KLM-SA), the Southwest Asia Service Medal, and the Cold War Service Medal. 

2.  The applicant states these awards are not on his DD Form 214 (Certificate of Release or Discharge from Active Duty) which would show he was a Veteran of the Gulf War. 

3.  The applicant provides the following:

	a.  DD Form 214 with a separation date of 15 May 1991;

	b.  a letter from the National Personnel Records Center, dated 23 September 2009; 

	c.  Letter of Commendation, dated 15 February 1991, for his service during Desert Storm Phase II Operations; 

	d.  Memorandum, dated 3 May 1991, verifying the applicant's service in Operation Desert Storm from 17 September 1990 to 8 April 1991; and



	e.  three excerpts from the Wikipedia website for Veteran's medals describing the KLM-KU, KLM-SA, and the Southwest Asia 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 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 has requested award of the Cold War Service Medal, which does not exist.  However, there is an authorized Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084, Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, Hoffman II, ATTN: AHRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 28 May 1980 for a 3-year period after a brief period in the Army Delayed Enlistment Program.  He completed the training requirements and was awarded military occupational specialty of 31C (Radio Teletypewriter Operator).

4.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base containing the records for Soldiers from the Regular Army, Army Reserve, Army National Guard and retiree recall personnel who participated in-theater between 2 August 1990 and 31 July 1991.  For Reservists and Guard members the file includes those Soldiers activated or federalized from 2 August 1990 through 31 December 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  

5.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 September 1990 to 8 April 1991.

6.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the United States Army Pacific on the Ryukyu Islands from 23 September 1985 to 26 August 1988 for a period of 35 months on permanent change of station orders.  

7.  On 15 May 1991, the applicant was discharged from active duty upon the expiration of his term of service.  He received a DD Form 214 upon separation showing he completed 10 years, 11 months, and 18 days of active service that was characterized as honorable.

8.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded or authorized the KLM-KU, KLM-SA, and the Southwest Asia Medal.  He received the following awards and decorations:

* Army Service Ribbon
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Overseas Service Ribbon
* Good Conduct Medal (3rd Award)
* Army Achievement Medal
* Noncommissioned Officer Professional Development Ribbon 
* National Defense Service Medal
* Air Assault Badge

9.  Army Regulation 600-8-22 states the KLM-KU awarded by the Government of Kuwait, 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.

10.  Army Regulation 600-8-22 states 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.

11.  Army Regulation 600-8-22 states the Southwest Asia Service Medal 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.  A bronze service star is authorized for wear on the Southwest Asia Service Medal for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

DISCUSSION AND CONCLUSIONS:

1.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 September 1990 to 8 April 1991.  Therefore, he is authorized the KLM-KU, KLM-SA, and the Southwest Asia Service Medal.

2.  During the applicant's service in Desert Shield/Desert Storm, he participated in two campaigns.  Therefore, he is entitled to award of two bronze service stars to be affixed to his Southwest Asia 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 correcting his DD Form 214 with a separation date of 15 May 1991 to show the following awards:

	a.  KLM-KU;

	b.  KLM-SA; and



	c.  Southwest Asia Service Medal with two Bronze Service Stars.




      _______ _   _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)                                         AR20090018042



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ABCMR Record of Proceedings (cont)                                         AR20090018042



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