IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100026178
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 that he be awarded the Kuwait Liberation Medal Kuwait (KLM-K) and the Kuwait Liberation Medal Saudi Arabia (KLM-SA).
2. The applicant states prior to separation he was told he was entitled to the above awards, but he never received them.
3. The applicant provides no additional documents with 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 was serving in the Tennessee Army National Guard (TNARNG) when he was ordered to active duty on 18 August 1991. He deployed to Southwest Asia (SWA) from 26 August to 13 November 1991.
3. On 20 November 1991, he was honorably released from active duty (REFRAD) due to the expiration of his term of service date and he was returned to his TNARNG unit.
4. His DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at the time of his REFRAD shows he was awarded the Army Service Ribbon, Southwest Asia Service Medal with one bronze service star, and National Defense Service Medal.
5. On 16 January 2004, a DD Form 215 (Correction to DD Form 214) was issued to the applicant showing that he was awarded the Army Service Ribbon, Army Reserve Components Achievement Medal, Noncommissioned Officer Professional Development Ribbon, Southwest Asia Service Medal with one bronze service star, Armed Forces Reserve Medal with M Device, and Kuwait Liberation Medal (Kuwait).
6. Inasmuch as the applicant has already been awarded the KLM-K, no further action is required on this issue and it will not be further discussed in this Record of Proceedings.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that he was informed he was eligible for award of the KLM-SA has been noted and found to lack merit. The KLM-SA was not approved until 3 January 1992.
2. The KLM-SA was approved for service in the Persian Gulf War during the period 17 January to 28 February 1991 and the applicant did not arrive in SWA until 24 August 1991. Accordingly, he is not entitled to award of the KLM-SA.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Gulf War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100026178
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ABCMR Record of Proceedings (cont) AR20100026178
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