IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100021062
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) to show award of the Kuwait Liberation Medal (KLM).
2. He states the award of the KLM was not issued or listed on his DD Form 214.
3. He provides a copy of his DD Form 214 and Orders A-08-09138, dated
13 August 1991.
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 served in the U.S. Marine Corps from 13 June 1969 through
14 July 1971. On 31 July 1978, he enlisted in the Army National Guard. Orders A-08-019138, issued by the U.S. Total Army Personnel Command, St. Louis, MO, dated 13 August 1991, ordered him to active duty with a reporting date of
18 August 1991 in support of Operation Desert Storm/Shield. He served in Southwest Asia from 26 August 1991 to 14 November 1991. He was honorably released from active duty on 22 November 1991.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All Periods of Service)) of his DD Form 214 shows the following:
* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with bronze service star
* Army Achievement Medal
* Army Reserve Components Achievement Medal
* Noncommissioned Officer Professional Development Ribbon with
Numeral "2"
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
4. Army Regulation 600-8-22 (Military Awards) states the KLM 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:
The applicant's service in Southwest Asia qualifies him for award of the KLM-KU. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 13 of his DD Form 214 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) AR20100021062
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ABCMR Record of Proceedings (cont) AR20100021062
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