IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100008984


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 the Kuwait Liberation Medal-Kuwait (KLM-KU).

2.  The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served in Southwest Asia (SWA) and that he was only awarded the Kuwait Liberation Medal by the Government of Saudi Arabia (KLM-SA) and not Kuwait.

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* two DD Forms 215 (Correction to the DD Form 214)
* DA Form 4980-14 (Army Commendation Medal (ARCOM)) Certificate

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's record shows he enlisted in the Regular Army on 7 January 1987.  He was trained in and awarded military occupational specialties 75B (Personnel Administration Specialist) and 88M (Motor Transport Operator).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he attained the rank/grade of specialist (SPC)/E-4 on 1 November 1988 and this is the highest rank/grade he held and served in on active duty.  Item 5 (Overseas Service) includes an entry which shows he served in Saudi Arabia from 4 January 1991 through 10 May 1991.

4.  On 5 September 1991, the applicant was honorably released from active duty, in the rank/grade of SPC/E-4 after completing 4 years, 7 months, and 29 days of active service.  The DD Form 214 he was issued at the time lists the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Army Achievement Medal (AAM) with 2nd Oak Leaf Cluster 
* German Army Marksmanship Badge in Bronze
* Driver's Badge
* Army Good Conduct Medal
* Overseas Service Ribbon
* National Defense Service Medal
* SWA Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars

5.  The applicant provided a DD Form 215, dated 29 September 1993, which shows the KLM and AAM with 3rd Oak Leaf Cluster were added to his DD Form 214.  He also provided a DD Form 215, dated 22 September 2009, which added the ARCOM to his DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 9-14 contains guidance on the KLM-SA.  It states it is authorized to members for service in Operation Desert Storm in SWA between 17 January 1991 and 28 February 1991.

7.  Paragraph 9-15 of Army Regulation 600-8-22 contains guidance on the 
KLM-KU.  It states it is authorized for service in support of Operation Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.
8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains instructions for completing the DD Form 214.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included.

9.  Paragraph 2-7 of Army Regulation 635-5 states that a new DD Form 214 will be issued when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the KLM-KU should be added to his DD Form 214.

2.  By regulation, the KLM-SA is authorized for service in SWA between 17 January 1991 and 28 February 1991 and the KLM-KU is authorized for service in SWA between 2 August 1990 and 31 August 1993.  As a result, the applicant is eligible for the KLM-SA and KLM-KU and they should be added to his record and DD Form 214.  In addition, based on his SWA service, item 18 of his DD Form 214 should also be corrected to add the entry "SERVICE IN SWA FROM 19910104-19910510."

3.  By regulation, a new DD Form 214 will be issued when two DD Forms 215 have been issued and an additional correction is required.  The evidence of record confirms the applicant was previously issued two DD Forms 215.  Therefore a new DD Form 214 should be issued in this case.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 amending the DD Form 214 by:

	a.  deleting the current entry in item 13 and replacing it with the Army Commendation Medal, Army Achievement Medal with 3rd Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Army Service Ribbon, Overseas Service Ribbon, German Army Marksmanship Badge in Bronze, Driver and Mechanic Badge with Driver "W" Bar, and Expert Marksmanship Qualification Badge with Rifle and Grenade Bars;

	b.  adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910104-19910510"; and

	c.  providing the applicant a new DD Form 214 that includes these changes.



      ____________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)                                         AR20100008984



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ABCMR Record of Proceedings (cont)                                         AR20100008984



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