IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100028339
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of the Army Commendation Medal (ARCOM) for the period 25 October to 15 December 1993 and the Kuwait Liberation Medal (KLM).
2. The applicant states that his award of the ARCOM and the KLM were not included on his DD Form 214.
3. The applicant provides:
* His DD Form 214
* DA Form 638-1 (Recommendation for Award (for other than valor) of the Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM))
* ARCOM award certificate
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 requested that an ARCOM be added to his DD Form 214. His DD Form 214 currently shows he was awarded the ARCOM (1st oak leaf cluster (OLC)) which indicates two awards of the ARCOM. Review of his official record shows that Permanent Orders 211-79, issued by Headquarters, 2nd Infantry Division, awarded the applicant the ARCOM for commendable service while serving in Korea from 23 August 1980 to 22 August 1981. This award coupled with his ARCOM for the period 25 October to 15 December 1993 equates to the two awards of the ARCOM that are presently shown on his DD Form 214. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant enlisted in the Regular Army on 21 February 1974 and remained on active duty through a series of continuous reenlistments. He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 8 July 1987.
4. Information obtained from the Gulf War Deployment Roster indicates the applicant deployed to Southwest Asia (SWA) from 1 October to 31 December 1993 and 1 March to 1 April 1994.
5. On 28 February 1994 he was retired by reason of sufficient service for retirement in the pay grade of E-6. He had served 20 years and 10 days of creditable active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Kuwait Liberation Medal as an authorized award.
6. Army Regulation 600-8-22 (Military Awards) states the KLM 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.
7. Army Regulation 600-8-22 states the KLM 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:
The applicants contention that his award of the KLM should be added to his records has been noted and appears to lack merit. The period of eligibility for award of the KLM-SA was between 17 January 1991 and 28 February 1991 and the KLM-KU was between 2 August 1990 and 31 August 1993. Records show the applicant did not arrive in Kuwait until 1 October 1993. As such, he did not serve during a qualifying period of service for the KLM. Therefore, he is not entitled to this award.
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 to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated. 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) AR20100028339
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ABCMR Record of Proceedings (cont) AR20100028339
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