IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110010570
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 - Kuwait (KLM-KU) with a bronze star.
2. The applicant states the Fort Bliss, TX, personnel and administration center personnel did not properly document all his awards and certificates. He is in the process of working for the government and he needs proof of all his awards and certificates. Additionally, he needs the corrections for his medical appeal.
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 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 12 October 1983. He completed his training and was awarded military occupational specialty 12B (Combat Engineer).
3. The Gulf War Deployment Roster shows he was deployed from 11 June 1991 to 31 July 1991 and from 1 September 1991 to 30 September 1991.
4. On 1 March 1994, the applicant was honorably discharged as a sergeant/E-5. He had completed 10 years, 4 months, and 20 days of net active service for the period covered by the DD Form 214.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:
* Army Achievement Medal (three awards)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* Southwest Asia Service Medal with one bronze service stars
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Air Assault Badge
6. His record contains a copy of Permanent Orders 23-6, 517th Personnel Service Company, Fort Bliss, TX, dated 27 April 1993, announcing award of the Amy Good Conduct Medal (3d Award) for the period 17 October 1989 to
16 October 1992.
7. Army Regulation 600-8-22 (Military Awards):
a. The KLM-SA 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.
b. 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. There are no provisions for adding bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period for award of the KLM-SA and the KLM-KU.
2. His record contains Permanent Orders awarding him the Army Good Conduct Medal (3d Award).
3. These awards should be shown on his DD Form 214.
4. There are no provisions for adding bronze service stars to the KLM-KU or KLM-SA. Therefore, that request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the:
* Army Good Conduct Medal (3d Award)
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding a bronze service star to his Kuwait Liberation Medal Kuwait.
_______ _ __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) AR20110005669
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ABCMR Record of Proceedings (cont) AR20110010570
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