IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20090019989 


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 Kuwait Liberation Medal-Saudi Arabia (KLM-SA), Kuwait Liberation Medal-Kuwait (KLM-KU), and the Southwest Asia Service Medal (SWASM).

2.  The applicant states the KLM-SA, KLM-KU, and the SWASM were omitted from his DD Form 214.

3.  The applicant provides no supporting documentation.

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 requested that the SWASM be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the SWASM with two bronze service stars.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant, a career medical officer, served from 7 June 1970 through 31 July 1991, at which time he was honorably retired by reason of length of service.  

4.  A review of the Gulf War Roster and his Defense Finance and Accounting Service (DFAS) pay records both show he served in the Persian Gulf from 9 October 1990 through 12 April 1991.

5.  His DD Form 214 lists his awards as follows:

* Legion of Merit (1st oak leaf cluster)
* Meritorious Service Medal (2nd oak leaf cluster)
* Army Commendation Medal (1st oak leaf cluster)
* Army Achievement Medal (1st oak leaf cluster)
* Presidential Unit Citation (Army)
* National Defense Service Medal with one bronze service star
* Humanitarian Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Republic of Korea Presidential Unit Citation
* SWASM with two bronze service stars
* Expert Field Medical Badge
* Parachutist Badge
* Army Staff Identification Badge
* Bronze Star Medal
* Meritorious Unit Commendation

6.  His DA Form 2-1 (Personnel Qualification Record - Part II) lists his awards as follows:

* National Defense Service Medal
* Army Commendation Medal
* Expert Field Medical Badge
* Armed Forces Expeditionary Medal
* Parachutist Badge
* Republic of Korea Presidential Unit Citation
* Meritorious Service Medal with two oak leaf clusters
* Humanitarian Service Medal
* Army Service Ribbon
* Army Achievement Medal
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars

7.  His DA Form 2-1 also shows foreign service in the Republic of Korea from 8 October 1970 through 23 November 1971 and Germany from 14 December 1972 through 3 June 1976.

8.  His Officer Record Brief (ORB) lists his awards as follows:

* Legion of Merit (1)
* Meritorious Service Medal (3)
* Army Commendation Medal (2)
* Army Achievement Medal (2)
* Presidential Unit Citation (Army)
* National Defense Service Medal (2)
* Humanitarian Service Medal (1)
* Armed Forces Expeditionary Medal (1)
* Army Service Ribbon (1)
* Overseas Service Ribbon (1)
* Republic of Korea Presidential Unit Citation
* Expert Field Medical Badge
* Parachutist Badge
* SWASM with two bronze service stars
* Army Staff Identification Badge

9.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Korea Defense Service Medal (KDSM) 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 from 28 July 1954 to a date to be determined by the Secretary of Defense;

	b.  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; and

	c.  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 states that the KLM-SA and the KLM-KU were omitted from his DD Form 214.

2.  The applicant served in the area of operations during the Persian Gulf War and is authorized award of both the KLM-SA and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these two medals.

3.  The applicant served in the Republic of Korea during the period for which the KDSM is authorized.  Therefore, his DD Form 214 should be corrected to show this service medal.

4.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.  Therefore, his DD Form 214 should be corrected accordingly.

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:

* Korea Defense Service Medal
* Kuwait Liberation Medal-Saudi Arabia
* 
Kuwait Liberation Medal-Kuwait
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars



	___________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)                                         AR20090019989



ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20090019989



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1