IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100027707
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Kuwait Liberation Medal-Saudi Arabia (KLM-SA), Kuwait Liberation Medal-Kuwait (KLM-KU), and 1st Oak Leaf Cluster with the Meritorious Service Medal (MSM).
2. The applicant states that he did not receive the second MSM until after he retired.
3. The applicant provides copies of the completed DA Form 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal) and certificates for both MSM's.
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 retired as a Regular Army sergeant first class (E-7) on 31 August 1992. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows his authorized awards as the Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal with 1st Oak Leaf Cluster, Army Achievement Medal with 2nd Oak Leaf Cluster, Army Good Conduct Medal (5th Award) National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Overseas Service Ribbon with Numeral 2, Southwest Asia Service Medal with three bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Pistol Bar(.45 Caliber), Driver and Mechanic Badge with Driver-W Bar, and KLM.
3. Except for the inclusion of the Army Service Ribbon, his DA Form 2-1 (Personnel Qualification Record Part II) lists the same awards.
4. A DA Form 638-1, dated 8 April 1992, recommended the applicant for the MSM with 1st Oak Leaf Cluster for the period 12 June 1970 through 20 June 1992 for retirement. The award authority, a major general, approved the award on 21 April 1992 and Permanent Order Number 38-14 was issued on 3 June 1992. That order number and date are shown on the MSM Certificate; however, "1st Oak Leaf Cluster" is not.
5. In addition to award of the Southwest Asia Service Medal and the KLM, the Gulf War Deployment Roster shows the applicant was in the theater of operations from 29 November 1990 to 10 May 1991.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The KLM-SA 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.
b. The KLM-KU 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 was awarded the MSM with 1st Oak Leaf Cluster immediately before his retirement.
2. He served in Southwest Asia and is authorized both the KLM-SA and
KLM-KU.
3. The Army Service Ribbon is not shown on his DD Form 214.
4. The above awards should be shown correctly on 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. deleting the MSM and KLM from item 13 of his DD Form 214 and
b. adding the MSM with 1st Oak Leaf Cluster, Army Service Ribbon,
KLM-SA, and KLM-KU to 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.
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