IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110005662
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 award of the Kuwait Liberation Medal.
2. The applicant states he discovered that other Soldiers who served in his unit, the 920th Transportation Company, were awarded the above medal.
3. The applicant provides his DA Form 2-1 (Personnel Qualification Record) and a letter from the National Personnel Records Center.
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. Having had prior service, the applicant's records show he enlisted in the Regular Army on 18 February 1986 and he held military occupational specialty 88M (Motor Transport Operator).
3. He served in Korea from 16 November 1987 through 13 February 1989. He was honorably discharged on 16 February 1989. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service shows the:
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
* Drivers Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
* Good Conduct Medal
* Honduran Parachutist Badge
4. He enlisted in the U.S. Army Reserve on 17 February 1989 and he was assigned to the 677th Supply Company, Camden, NJ.
5. He was ordered to active duty in support of Operation Desert Shield/Storm on 9 December 1990. He subsequently served in Southwest Asia with the 920th Transportation Company from 18 January to 12 August 1991.
6. He was honorably released from active duty on 7 September 1991. Item 13 of his DD Form 214 for this period of service shows the:
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* National Defense Service Medal
* Parachutist Badge
* Driver and Mechanic Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Honduran Parachutist Badge
7. 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 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 Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Southwest Asia in support of Operation Desert Shield/Storm from 18 January to 12 August 1991; therefore, he served a qualifying period of service for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) and correction of his
DD Form 214 to show both awards.
2. The applicant previously served in Korea from 16 November 1987 to 12 February 1989. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his
DD Form 214 to show this award.
3. The applicant was previously awarded the Honduran Parachutist Badge and the Good Conduct Medal. Neither award is shown on his last DD Form 214. As a matter of clarity it would be appropriate to correct his last DD Form 214 to show both awards.
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 adding to item 13 of his DD Form 214 for the period ending 7 September 1991 the:
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Good Conduct Medal
* Honduran Parachutist Badge
* Korea Defense Service Medal
___________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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