IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100029610
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 the Kuwait Liberation Medal and his service in Saudi Arabia from 19 September 1990 to 11 April 1991.
2. The applicant states he served in the Persian Gulf and was not given the Kuwait Liberation Medal.
3. The applicant provides his DD Form 214, a memorandum, and a 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's record shows he enlisted in the Regular Army on 6 July 1989 and he held military occupational specialty 68D (Aircraft Powertrain Repairer). He was honorably released from active duty on 5 July 1993 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He served a total of 5 years of creditable active service.
3. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Overseas Service Ribbon, Army Good Conduct Medal, Army Commendation Medal, Army Achievement Medal (1st Oak Leaf Cluster), Driver Badge with "W" Device, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Hand Grenade Bar.
4. Company B, 2nd Battalion, 159th Aviation Regiment memorandum, dated 14 August 1992, stated he deployed to Saudi Arabia with the unit from 19 September 1990 to 11 April 1991.
5. Department of the Army General Orders Number 34, dated 30 December 1992, awarded Company B, 2nd Battalion, 159th Aviation Regiment, the Meritorious Unit Commendation for the period 21 September 1990 - 29 March 1991.
6. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. The Kuwait Liberation Medal (Saudi Arabia) 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 Kuwait Liberation Medal (Kuwait) 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.
c. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. During his service in Southwest Asia, the applicant participated in the Defense of Saudi Arabia (2 August 1990 - 16 January 1991) and the Liberation and Defense of Kuwait (17 January - 11 April 1991) campaigns.
7. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that for active duty Soldiers deployed with his or her unit during their continuous period of active service enter in item 18 (Remarks) of the DD Form 214 the entry "Service in (Name of Country Deployed) from (inclusive dates for example YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Southwest Asia during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and the Southwest Asia Service Medal with two bronze service stars which are not shown on his DD Form 214. Therefore he is entitled to correction of his DD Form 214 to show these awards.
2. He served in Southwest Asia from 19 September 1990 to 11 April 1991 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this service.
3. General orders awarded his unit the Meritorious Unit Commendation while he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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. adding to item 13 of his DD Form 214 the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Southwest Asia Service Medal with two bronze service stars, and the Meritorious Unit Commendation; and
b. adding to item 18 of his DD Form 214 the entry "Service in Southwest Asia from 19900919-19910411."
_______ _ 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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