IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100012194
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kuwait Liberation Medals for Kuwait and Saudi Arabia.
2. The applicant states he served in Southwest Asia in support of Operation Desert Shield and Operation Desert Storm.
3. The applicant provides the following documents:
* DD Form 214, dated 14 March 1993
* DD Form 215 (Correction to DD Form 214), dated 6 March 2009
* DA Form 1811 (Physical Data and Aptitude Test Scores upon Release from Active Duty)
* DA Form 638 (Recommendation for Award), dated 24 August 1992
* certificate for service in support of Operation Desert Storm
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 records show he enlisted in the Regular Army on 15 March 1989 and held military occupational specialty 19D (Cavalry Scout). He was honorably released from active duty in the rank/grade of specialist/E-4 on 14 March 1993 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal (4th Oak Leaf Cluster), National Defense Service Medal, Army Service Ribbon, Southwest Asia Service Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Driver and Mechanic Badge with Track Bar, and Kuwait Liberation Medal.
4. Item 18 of his DD Form 214 shows he served in Southwest Asia from 1 October 1990 to 18 March 1991.
5. On 6 March 2009, he was issued a DD Form 215 that added award of the Army Commendation Medal with Oak Leaf Cluster.
6. Army Regulation 600-8-22 (Military Awards) provides that the Kuwait Liberation Medal 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 and the Kuwait Liberation Medal awarded by the Government of Kuwait 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:
The evidence of record shows the applicant served in Southwest Asia during the Persian Gulf War from 1 October 1990 to 18 March 1991; therefore, he served a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) and he is entitled to correction of his DD Form 214 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 the evidence presented is 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:
* deleting from item 13 of his DD Form 214 the Kuwait Liberation Medal
* adding to item 13 of his DD Form 214 the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (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) AR20100012194
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ABCMR Record of Proceedings (cont) AR20100012194
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