BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100010470
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 - Government of Kuwait be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 4 September 1992.
2. The applicant states he served in Saudi Arabia during the Kuwait liberation and is authorized this award.
3. The applicant provides no additional evidence in support of his application.
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's military personnel records show he enlisted in the Regular Army on 22 October 1980 for a period of 4 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 76V (Materiel Storage and Handling Specialist).
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 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.
4. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period 1 September 1990 to 19 April 1991.
5. The applicant was discharged on 4 September 1992. He had completed
11 years, 10 months, and 13 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) his DD Form 214 does not show he is authorized the Kuwait Liberation Medal - Government of Kuwait.
6. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait, was approved on 7 August 1995 and was 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 contends he is authorized the Kuwait Liberation Medal - Government of Kuwait.
2. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 19 April 1991. Therefore, he is authorized the Kuwait Liberation Medal - Government of Kuwait.
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 item 24 of his DD Form 214 to show he is authorized the Kuwait Liberation Medal - Government of Kuwait.
_______ _ 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) AR20100010470
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ABCMR Record of Proceedings (cont) AR20100010470
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