BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100026569
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 his military records be corrected to show his service in theater during the first Gulf War.
2. The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect his combat service from 9 January 1991 to 13 May 1991 with the 1st Infantry Division during the first Gulf War.
3. The applicant provides a copy of his DD Form 214, DA Form 2-1 (Personnel Qualification Record - Part II), and Bronze Star Medal orders.
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 enlisted in the Regular Army on 26 June 1984. He completed training and was awarded military occupational specialty 19K (Armor Crewman).
3. His DA Form 2-1 shows in:
a. item 5 (Oversea Service) that he was in Saudi Arabia from 9 January 1991 through 13 May 1991;
b. item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon, Army Good Conduct Medal (2d Award), Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 1, Army Achievement Medal, Overseas Service Ribbon, Driver Badge, Army Commendation Medal, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Bronze Star Medal, Defense of Saudi Arabia Campaign, 2 August 1990 - 16 January 1991, and the Liberation and Defense of Kuwait Campaign,
17 January 1991- to be determined; and
c. item 27 (Remarks) duty in imminent danger pay area Southwest Asia
9 January 1991 to 13 May 1991.
4. His DD Form 214 shows that on 7 December 1991 he was honorably discharged as a specialist four/E-4. He had completed 7 years, 5 months, and 12 days of total active service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Good Conduct Medal (2d Award), Overseas Service Ribbon, NCO Professional Development Ribbon with Numeral 2, Driver Badge, Southwest Asia Service Medal with two bronze service stars, Bronze Star Medal, Army Commendation Medal, and the Army Achievement Medal.
5. Item 12f (Foreign Service) of this DD Form 214 shows 6 years and 2 months.
6. His name is listed on the Gulf War Roster showing he served in
Saudi Arabia/Kuwait from 9 January to 13 May 1991.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states item 18 (Remarks) is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries. For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.
8. The applicant's records and Army Regulation 600-8-22 (Military Awards) indicate he is eligible for awards that are not listed on his DD Form 214:
a. The Kuwait Liberation Medal (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and it is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.
b. The Kuwait Liberation Medal (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and it 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 name is listed on the Gulf War Roster showing he served in Saudi Arabia/Kuwait from 30 January to 13 May 1991. His DD Form 214 should be corrected to show this service.
2. The applicant is authorized the KLM-SA and the KLM-KU. These awards should be added to his DD Form 214.
BOARD VOTE:
___x___ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 18 of his DD Form 214 "SERVICE IN SAUDI ARABIA/KUWAIT FROM 910109-910513"; and
b. adding to item 13 of this DD Form 214 the Kuwait Liberation Medal-Saudi Arabia and 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) AR20100014430
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ABCMR Record of Proceedings (cont) AR20100026569
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