BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100017847
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 the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal - Kuwait (KLM-KU).
2. The applicant states he was discharged before receiving these awards.
3. The applicant provides a copy of his DD Form 214 and page 1 of his DA Form 2-1 (Personnel Qualification Record - Part II).
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 enlisted in the Regular Army on 21 August 1981.
3. He served in Southwest Asia (SWA) from 12 October 1990 to 7 April 1991.
4. The applicant was discharged on 27 September 1991. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form214 DD Form 214 does not show the KLM-SA or the KLM-KU as authorized awards.
5. Army Regulation 600-8-22 (Military Awards) states 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.
6. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.
7. Army Regulation 600-8-22, paragraph 126 (Announcement of awards), states service medals and service ribbons are administratively awarded to individuals who meet the qualifying criteria. Orders are not required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show the
KLM-SA and the KLM-KU was considered and determined to have merit.
2. The applicant served a qualifying period of service for entitlement to both the KLM-SA and the KLM-KU. Therefore, his DD Form 214 should be corrected to show these awards.
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 24 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) AR20100017847
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ABCMR Record of Proceedings (cont) AR20100017847
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