BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009746
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 to be awarded the Kuwait Liberation Medal Kuwait (KLM-KU).
2. The applicant states he never received orders for or issuance of the KLM-KU for his service with the 82nd Airborne Division in Saudi Arabia from 2 September to 7 December 1990. His DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects award of the Southwest Asia (SWA) Service Medal.
3. The applicant provides a copy of his DD Form 214.
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 served in the Regular Army from 26 July 1984 until he was honorably released from active duty on 25 July 1988 and was transferred to the U.S. Army Reserve (USAR).
3. He was ordered to active duty from the USAR on 4 September 1990 in support of Operations Desert Shield/Desert Storm and deployed to SWA. He was released from active duty on 3 December 1990. He completed 3 months of net active service during this period and he was awarded the SWA Service Medal with one bronze service star.
4. On 27 October 2010, he was transferred to the USAR Control Group (Retired).
5. Army Regulation 600-8-22 (Military Awards) states the KLM-KU 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. Orders are not issued for this award.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the KLM-KU has been noted and was found to have merit.
2. The applicant served in SWA during a qualifying period for award of the
KLM-KU. Accordingly, it should be added to his DD Form 214.
BOARD VOTE:
___x__ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 adding the KLM-KU to his DD Form 214 for the period ending 3 December 1990 and issuing him the appropriate medal set.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Gulf War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110009746
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