IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100018316
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 all awards and decorations he may be entitled to for his service in Operation Desert Storm.
2. The applicant states:
* His awards and medals are incomplete
* He had more medals and awards before the Gulf War
* He participated in Operation Desert Storm and is entitled to Kuwait/Iraq freedom medals
3. The applicant provides no documentary 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 enlisted in the Regular Army on 13 August 1987. He trained as a target acquisition/surveillance radar repairer and he was honorably released from active on 12 January 1992.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Overseas Service Ribbon, Southwest Asia Service Medal with two bronze service stars, and Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards. Item 18 of this DD Form 214 does not show any deployments.
4. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 25 December 1990 through 15 March 1991.
5. 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. 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.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. 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)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's service in Southwest Asia, he is authorized the KLM-SA and the KLM-KU. His DD Form 214 should be corrected to show these awards.
2. As a related issue, the entry from item 5 of the applicant's DA Form 2-1 is accepted as sufficient evidence in which to amend item 18 of the applicants DD Form 214 to show his dates of service in Southwest Asia. Item 18 of his DD Form 214 should be corrected to show he served in Southwest Asia from
25 December 1990 to 15 March 1991.
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:
a. adding to item 13 of his DD Form 214 the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait; and
b. adding to item 18 of his DD Form 214 for the period ending 9 January 1995 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901225-19910315."
_______ _ _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) AR20100018316
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100018316
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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