IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028818
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kuwait Liberation Medal-Saudi Arabia (KLM-SA) and Kuwait Liberation Medal-Kuwait (KLM-KU).
2. The applicant states he was discharged before his unit received these medals.
3. The applicant provides no additional evidence.
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's records show the following:
Event
Dates
enlisted in the Regular Army
18 October 1988
deployed to Saudi Arabia in support of Operations Desert Shield/Desert Storm
9 August 1990 to 15 March 1991
returned to the United States for duty at Fort Bragg, North Carolina
on or about 16 March 1991
released from active duty
18 December 1991
3. The applicant's DD Form 214 shows he was awarded or authorized the following in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):
* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Combat Infantryman Badge
* Overseas Service Ribbon
* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal
* Paraguayan Parachutist Badge
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The 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.
b. The 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.
5. Army Regulation 635-5 (Separation Documents), as amended subsequent to the applicant's discharge, provides detailed instructions for completing separation documents, including the DD Form 214. It provides that item 13 will contain the awards earned by the Soldier for all periods of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the KLM-SA and KLM-KU.
2. The evidence of record clearly shows the applicant was deployed to Saudi Arabia in support of Operations Desert Shield/Desert Storm from 9 August 1990 to 15 March 1991. Because this was a qualifying period of service for award of the KLM-SA and KLM-KU, these two awards should be shown 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 adding the KLM-SA and KLM-KU to item 13 of 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.
ABCMR Record of Proceedings (cont) AR20100028818
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100028818
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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