BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100030276 


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.

2.  The applicant states the Kuwait Liberation Medal is missing from his DD Form 214.  He served proudly and thinks he is entitled to every award from his time there.  He would like his record corrected and the award shipped to him as soon as possible.

3.  The applicant provides two DD Forms 214 for the period ending 19 July 1991 and 6 July 1993.

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 enlisted in the Regular Army (RA) on 20 January 1988.  He was trained in and awarded military occupational specialty 12B (Combat Engineer).  He was assigned to Company B, 326th Engineer Battalion, 101st Airborne Division, Fort Campbell, KY.

3.  He was honorably released from active duty on 19 July 1991 and he was transferred to a U.S. Army Reserve (USAR) unit to complete his remaining Reserve obligation.  He completed 3 years and 6 months of creditable active service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal

5.  Item 18 (Remarks) of his DD Form 214 does not contain an entry that shows his service in Southwest Asia.

6.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia from 15 September 1990 through 8 April 1991.

7.  Permanent Order Number 204-171, issued by Headquarters, 101st Airborne Division, dated 11 October 1991, awarded the applicant the Army Commendation Medal for exceptionally meritorious achievement during the period 5 September 1990 to 15 January 1991.

8.  He again enlisted in the RA on 9 October 1992.  He was honorably released from active duty on 6 July 1993 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 8 months and 28 days of creditable active service during this period of service.


9.  Item 13 of his D Form 214 for this period of service shows the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  Army Regulation 600-8-22 (Military Awards) states 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.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  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.

	c.  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.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Southwest Asia from 15 September 1990 through 8 April 1991 which is not shown in item 18 of his DD Form 214.  Therefore, his DD Form 214 should be corrected to show the dates of his service in Southwest Asia.

2.  He served during a qualifying period for award of the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He participated in the Defense of Saudi Arabia and the Liberation and Defense of Kuwait campaigns during his service in Southwest Asia.  Therefore he is entitled to two bronze service stars for wear on his already-awarded Southwest Asia Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  Permanent orders awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this 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.  deleting from item 13 of his DD Forms 214 for the period ending 19 July 1991 and 6 July 1993 the Southwest Asia Service Medal;


	b.  adding to item 13 of his DD Forms 214 dated 19 July 1991 and 6 July 1993 the:

* Army Commendation Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	c.  adding to item 18 of his DD Form 214 for the period ending 19 July 1991 the entry "Service in Southwest Asia from 19900915 - 19910408."



      _________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)                                         AR20100030276



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ABCMR Record of Proceedings (cont)                                         AR20100030276



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