IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110010727
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, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Kuwait Liberation Medal - Kuwait (KLM-KU) and Kuwait Liberation Medal - Saudi Arabia (KLM-SA).
2. The applicant states he served in Desert Shield and Desert Storm from start to finish and his DD Form 214 shows the Southwest Asia Service Medal with two bronze service stars indicating both campaigns which supports the fact the he was attached to or served one or more days with an organization participating in ground/shore (military) operations. He missed the unit's award reception at Fort Bragg, NC because he was reassigned to Fort Bliss, TX.
3. The applicant provides his DD Form 214 for the period ending 10 December 1994.
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 1988. The Gulf War Deployment Roster shows he was deployed from 1 September 1990 to 28 March 1991. During this period he was assigned to Company A, 319th Military Intelligence Battalion.
3. On 10 December 1994, he was honorably released from active duty as a sergeant/E-5. He had completed 6 years, 4 months, and 20 days of net active service for the period covered by the DD Form 214.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as:
* Army Commendation Medal with oak leaf cluster
* Army Achievement Medal with oak leaf cluster
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Southwest Asia Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge
5. A review of the U.S. Army Human Resources Command, Awards Branch, database shows Department of the Army General Orders Number 14, dated
25 June 1993, awarded the 319th Military Intelligence Battalion (Operations) (Airborne) the Meritorious Unit Commendation for the period 6 August 1990 to
10 March 1991.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Kuwait Liberation Medal 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 Kuwait Liberation Medal 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.
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 general orders awarding his unit the Meritorious Unit Commendation.
3. These awards should be shown on his DD Form 214.
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 showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the:
* Meritorious Unit Commendation
* Kuwait Liberation Medal - Saudi Arabia
* 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) AR20110010727
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110010727
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