IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100022799
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 the Kuwait Liberation Medal - Kingdom of Saudi Arabia.
2. The applicant states he served in Southwest Asia during Operations Desert Shield/Desert Storm. He states his record reflects he was awarded the Southwest Asia Service Medal and the Kuwait Liberation Medal - Government of Kuwait, but not the Kuwait Liberation Medal - Kingdom of Saudi Arabia.
3. The applicant provides no additional evidence.
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 29 August 1990 for a period of 4 years. He completed training and he was awarded military occupational specialty 12B (Combat Engineer).
3. Items 5 (Overseas Service) and 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record - Part II) show he served in Southwest Asia from 18 January 1991 through 18 August 1991.
4. His DD Form 214 shows he was honorably released from active duty on
13 July 1994 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years, 10 months, and 15 days of net active service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) his DD Form 214 shows, among other awards, the Kuwaiti Liberation Medal.
6. Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 18 January 1991 - 18 August 1991.
7. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia, 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.
8. Army Regulation 600-8-22 states the Kuwait Liberation Medal, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he served in Southwest Asia during the period 18 January 1991 through 18 August 1991. His service was within the regulatory timeframe for the:
* Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
* Kuwait Liberation Medal awarded by the Government of Kuwait
2. His DD Form 214 does not clearly delineate which award of the Kuwait Liberation Medal he was previously awarded. Since he is entitled to both, his current entry showing the Kuwait Liberation Medal should be deleted and his
DD Form 214 should be corrected to show the Kuwait Liberation Medal - Government of Kuwait and the Kuwait Liberation Medal - Kingdom of Saudi Arabia.
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. deleting from item 13 of his DD Form 214 the Kuwait Liberation Medal, and
b. adding to item 13 of his DD Form 214 the:
* Kuwait Liberation Medal - Kingdom of Saudi Arabia
* Kuwait Liberation Medal - Government of 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) AR20100010470
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ABCMR Record of Proceedings (cont) AR20100022799
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