IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100030074
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 award of the Kuwait Liberation Medal for Kuwait.
2. The applicant states he served in Southwest Asia in support of Operation Desert Shield and Operation Desert Storm. This award was authorized after his release from active duty.
3. The applicant provides his DD Form 214, dated 27 December 1991 and DD Form 215 (Correction to DD Form 214), dated 16 July 1992.
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 enlisted in the Regular Army on 8 March 1988 and held military occupational specialty 98G (Voice Interceptor). He served in Southwest Asia from 4 January 1991 to 21 May 1991.
3. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Grenade Bar.
4. He was honorably released from active duty in the rank/grade of specialist/E-4 on 27 December 1991 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. His DD Form 214 shows the:
* National Defense Service Medal
* Army Commendation Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* "Marksmanship Badge Rifle"
* Army Achievement Medal
* Army Good Conduct Medal
5. On 16 July 1992, he was issued a DD Form 215 that added his service in Southwest Asia, a third bronze service star to be affixed to his Southwest Asia Service Medal, and the Kuwait Liberation Medal.
6. Army Regulation 600-8-22 (Military Awards) provides that 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 and 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.
7. Review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Southwest Asia from 4 January 1991 to 21 May 1991. He served a qualifying period for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. His DD Form 215 listed the Kuwait Liberation Medal; however, it is unclear which Government awarded him this medal.
2. Therefore, as a matter of clarity, this entry should be deleted from his DD Form 214 and both the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) should be added to his DD Form 214.
3. He qualified sharpshooter with the M-16 rifle and marksman with the grenade. His DD Form 214 listed the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) but erroneously listed his grenade qualification as "Marksmanship Badge Rifle." As a matter of clarity, this entry should be deleted and he should have his DD Form 214 corrected to show the Marksman Marksmanship Qualification Badge with Grenade Bar.
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:
* deleting from item 13 of his DD Form 214, as amended, the Kuwait Liberation Medal and the "Marksmanship Badge Rifle"
* adding to item 13 of his DD Form 214 the Kuwait Liberation Medal
*
(Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Marksman Marksmanship Qualification Badge with Grenade Bar
_______ _ __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) AR20100030074
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ABCMR Record of Proceedings (cont) AR20100030074
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