BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024267 


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, award of the Kuwait Liberation Medal - Kuwait (KLM-KU) and correction of his records to show that he was assigned to Headquarters and Headquarters Battery (HHB), 42d Field Artillery Brigade for about 5 to 7 weeks.

2.  The applicant states he served in Desert Storm with the 3d Battalion,
20th Field Artillery in 1990 - 1991 and still has not received his KLM-KU.  He further states that he was assigned to HHB, 42d Field Artillery Brigade for about 5 to 7 weeks and desires that information be reflected on his DD Form 214 because he was assigned there when a Scud missile blew up next to him and he is trying to claim post-traumatic stress disorder (PTSD).

3.  The applicant provides a one-page handwritten note with two applications to this Board.

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 initially enlisted in the Regular Army on 27 February 1986 and he served as a combat signaler in Germany and Fort Riley, KS before being released from active duty (REFRAD) on 26 September 1989 due to the expiration of his term of service (ETS).  He had served 3 years and 7 months of total active service. 

3.  On 27 September 1990 he again enlisted in the Regular Army as a combat signaler for a period of 4 years and assignment to Europe.  He was transferred to Germany on 4 October 1990 and he was assigned to Service Battery,
3d Battalion, 20th Field Artillery Regiment.

4.  On 20 December 1990 he deployed to Saudi Arabia in support of Operation Desert Shield/Storm and he served until 7 May 1991 when he was returned to his unit in Germany.

5.  He departed Germany on 13 September 1991 for assignment to Fort Lewis, WA where he remained until he was honorably REFRAD on 13 January 1992 under the Fiscal Year 1992 Early Transition Program.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD shows the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Overseas Service Ribbon with Numeral “2”
* Army Achievement Medal with four Oak Leaf Clusters
* Army Good Conduct Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  On 10 March 1992, the applicant was issued a DD Form 215 (Correction to DD Form 214) adding the Kuwait Liberation Medal to his DD Form 214 for the period ending 13 January 1992.

8.  A review of the applicant’s records failed to show any indication of the applicant being assigned or attached to HHB, 42d Field Artillery Brigade during any period of his service.

9.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that only the last unit of assignment will be entered on the DD Form 214.  There are no provisions for entering multiple units of assignment on the DD Form 214.  However, it does provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

10.  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.

11.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Kuwait Liberation Medal (KLM) has been noted and appears to have merit.  There were two KLMs awarded during the period the applicant served in support of Operation Desert Shield/Storm.  It appears he was awarded the KLM issued by the Kingdom of Saudi Arabia; however, that award is not distinguished as such.  Accordingly, that award should be deleted and his DD Form 214 should be corrected to show the KLM-SA and the KLM-KU for his service in Southwest Asia (SWA).

2.  The applicant’s contention that he served with HHB, 42d Field Artillery Brigade and that his service with that unit should be reflected on his DD Form 214 has been noted and found to lack merit.  Notwithstanding that there is no evidence of such service, there are no provisions for making such entries on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.


3.  The applicant served in SWA during his period of service.  Therefore, he is entitled to correction of item 18 of his DD Form 214 to show his deployed service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding the DD Form 215 issued on 10 March 1992;

	b.  adding to item 13 of his DD Form 214 the:

* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	c.  adding to item 18 of his DD Form 214 the entry “Service in Southwest Asia From 901220 - 910507.”

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing his assignment with HHB, 42d Field Artillery Brigade on his DD Form 214.



      ___________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)                                         AR20100024267



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ABCMR Record of Proceedings (cont)                                         AR20100024267



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