IN THE CASE OF:
BOARD DATE: 30 November 2010
DOCKET NUMBER: AR20100013300
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) for the period ending 13 June 1991 to show the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).
2. The applicant states he spent 1 month securing the Kuwait National Airport and was awarded the Kuwait Liberation Medal awarded by the Government of Saudi Arabia (KLM-SA) but not the KLM-KU.
3. The applicant provides no additional documentary evidence in support of this 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 entered active duty with his U.S. Army Reserve unit on 27 September 1990 in support of Operation Desert Shield/Storm. He served in pay grade E-4. He was released from active duty on 13 June 1991 after completing 8 months and 16 days of active duty service.
3. The DD Form 214 he was issued at the time shows he was ordered to active duty in support of Operation Desert Shield/Storm and served in Southwest Asia during the period 18 November 1990 to 14 May 1991. This form does not show the KLM-KU.
4. A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 8 October 1992, shows the KLM-SA.
5. Army Regulation 600-8-22 (Military Awards) states 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. Evidence indicates the applicant was ordered to active duty in support of Operation Desert Shield/Storm and served in Southwest Asia during an eligibility period and geographic area authorized for award of the KLM-KU. As such, he is entitled to correction of his DD Form 214 for the period ending 13 June 1991 to show this award.
2. In view of the foregoing, the applicant is entitled to have his records corrected as shown 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 the DD Form 214 for the period ending 13 June 1991 of the individual concerned be corrected by adding the KLM-KU to item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
___________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) AR20100013300
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ABCMR Record of Proceedings (cont) AR20100013300
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