IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027101 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Kuwait Liberation Medal (Government of Kuwait).

2.  The applicant states he received the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia before he was released from active duty.  After his release, he was informed he was also entitled to the Kuwait Liberation Medal awarded by the Government of Kuwait.

3.  The applicant provides a copy of his DD Form 214 and an information sheet on the Kuwait Liberation Medal (Government of Kuwait).

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 20 June 1989.  He completed his initial entry training and he was awarded military occupational specialty 31V (Unit Level Communications Maintainer).  The highest rank/grade he attained during his period of service was specialist (SPC)/E-4.

3.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 27 August 1990 through 23 March 1991.

4.  On 29 June 1993, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 4 years and 10 days of creditable active service with 6 months and 27 days of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Lapel Button
* Army Service Ribbon
* Kuwait Liberation Medal
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

6.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who was in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  This data base shows the applicant participated in-theater from
17 January 1991 to 23 March 1991.

7.  Item 18 (Remarks) of his DD Form 214 does not show his service in Southwest Asia.

8.  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.

9.  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.  

10.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states that for an active duty Soldier deployed with his/her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant did not specifically request correction to his DD Form 214 to show his foreign service in Kuwait/Saudi Arabia, it would be appropriate to do so based on his foreign service tour recorded on the DMDC Desert Shield/Storm Data Base and on his DA Form 2-1.

2.  Based on the evidence of record, there is a date discrepancy for the start of the applicant's foreign service in support of Operations Desert Shield/Desert Storm.  His DA Form 2-1 shows he served in Saudi Arabia from 27 August 1990 through 23 March 1991 while the DMDC data base shows his service was from 17 January 1991 to 23 March 1991.  The period of service shown on his
DA Form 2-1 is a duration of 6 months and 25 days that closely supports the foreign service entry on his DD Form 214 of 6 months and 27 days.  Therefore, it would be appropriate at this time to include in item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900827 - 19910323."

3.  Item 13 of his DD Form 214 shows the Kuwait Liberation Medal; however, it does not distinguish whether it was awarded by the Kingdom of Saudi Arabia for the Government of Kuwait.  Based on his qualifying service in support of Operations Desert Shield/Desert Storm, he is entitled to both Kuwait Liberation Medals.  Therefore, his DD Form 214 should be corrected to show both awards.



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;

	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 19900827 - 19910323."



      ____________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)                                         AR20100027101



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ABCMR Record of Proceedings (cont)                                         AR20100027101



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