Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100017847
Original file (20100017847.txt) Auto-classification: Approved

		

		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 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 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 1–26 (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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100017847



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090020030

    Original file (20090020030.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded the Army Commendation Medal (ARCOM) (4th Award), Army Achievement Medal (AAM) (6th Award), "Kuwait Liberation Award, Saudi Arabia Award" (accepted as a request for the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) and Kuwait Liberation Medal - Government of Kuwait (KLM-KU), Southwest Asia Service Medal (SWASM) with three bronze service stars, and a unit...

  • ARMY | BCMR | CY2009 | 20090009659

    Original file (20090009659.txt) Auto-classification: Approved

    Army Regulation 600-8-22 also provides, in pertinent part, that the KLM-KU 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. Therefore, he is entitled to correction of his military records to show the award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2013 | 20130007868

    Original file (20130007868.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 May 1991 to show his deployment in Southwest Asia (SWA) and the Southwest Asia Service Medal (SWASM). Therefore, his DD Form 214 should be corrected to show these awards.

  • ARMY | BCMR | CY2009 | 20090005520

    Original file (20090005520.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, award of the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal - Government of Kuwait (KLM-KU). The applicant states, in effect, that he served in Southwest Asia (SWA) in support of Operation Desert Storm from 14 January 1991 to 30 April 1991 and as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) he was...

  • ARMY | BCMR | CY2009 | 20090019306

    Original file (20090019306.txt) Auto-classification: Approved

    The applicant requests, in effect, that his service in Iraq during Operation Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. Army Regulation 600-8-22 states the...

  • ARMY | BCMR | CY2011 | 20110008065

    Original file (20110008065.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"...

  • ARMY | BCMR | CY2012 | 20120010439

    Original file (20120010439.txt) Auto-classification: Approved

    The applicant requests, in effect, award of the Kuwait Liberation Medal (KLM) awarded by the Kingdom of Saudi Arabia (KLM-SA) and KLM awarded by the Government of Kuwait (KLM-KU) and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 11 October 1991. The evidence of record shows the applicant served in three campaigns during his deployment to Southwest Asia. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2009 | 20090019989

    Original file (20090019989.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) provides the following: a. the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined by the Secretary of Defense; b. the Kuwait Liberation Medal awarded by the Kingdom of...

  • ARMY | BCMR | CY2010 | 20100030077

    Original file (20100030077.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record also shows he served in the Persian Gulf from 28 August 1990 to 27 March 1991, as evidenced by an entry on the Operation Desert Shield/Storm Personnel Roster.

  • ARMY | BCMR | CY2007 | 20070012314

    Original file (20070012314.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 January 2008 DOCKET NUMBER: AR20070012314 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Kuwait Liberation Medal awarded by the Government of...