BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110009234
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) and/or DD Form 215 (Correction to DD Form 214) to show:
* Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU)
* Kuwait Liberation Medal awarded by the Government of Saudi Arabia (KLM-SA)
* Social Security Number (SSN) as XXX-73-XXXX instead of XXX-77-XXXX
2. He states he served in Operation Desert Shield from 2 August 1990 to
16 January 1991 and Operation Desert Storm from 17 January 1991 to
28 February 1991. Therefore, he qualifies for the award of the KLM-KU and the KLM-SA. Additionally, he states his DD Form 215 shows an incorrect SSN.
3. He provides the following:
* DD Form 214
* DD Form 215, dated 26 August 1992
* Memorandum of tour verification, dated 22 May 1991
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 enlisted in the Regular Army on 21 July 1987. He was honorably released from active duty on 16 July 1991 after serving 3 years,
11 months, and 26 days of total active service.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-73-XXXX. Additionally, all documents contained in his official military personnel file show the same SSN. However, his DD Form 215 shows his SSN as XXX-77-XXXX.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All Periods of Service) of his DD Form 214 shows:
* Army Service Ribbon
* Army Achievement Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal
* National Defense Service Medal
* Overseas Service Ribbon
* Southwest Asia Service Medal (SWASM) with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
5. Additionally, his DD Form 215 shows his DD Form 214 was corrected to:
* Delete the SWASM with two bronze service stars from item 13
* Add to item 13
* SWASM with three bronze service stars
* KLM
* Overseas Service Bar
6. Item 18 (Remarks) shows his service in Southwest Asia from 20 December 1990 to 21 May 1991.
7. Additionally, he provided a memorandum that verifies he served in Southwest Asia from 20 December 1990 to 21 May 1991.
8. Army Regulation 600-8-22 (Military Awards) states the KLM awarded by the Government of Kuwait (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.
9. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 and the memorandum of verification confirm that he served in Southwest Asia from 20 December 1990 to 21 May 1991. His service in Southwest Asia qualifies him for award of the KLM-KU and the KLM-SA. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. It appears that an error occurred in the preparation of his DD Form 215 since all the documents in his OMPF and his DD Form 214 show his SSN as XXX-73-XXXX. Therefore, he is entitled to correction of his DD Form 215 to show his SSN as XXX-73-XXXX.
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. voiding the DD Form 215 issued on 26 August 1992;
b. deleting the Southwest Asia Service Medal with two bronze service stars from item 13 of his DD Form 214;
c. adding to item 13 of his DD Form 214:
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Kuwait
* Kuwait Liberation Medal - Saudi Arabia
* Overseas Service 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) AR20110009234
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