BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110013769
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K), and any other medals and decorations that are missing from her records.
2. The applicant states she is an Operations Desert Shield/Storm veteran and should receive any awards or decorations to which she is entitled.
3. The applicant provides her 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 September 1989. She completed basic combat and advanced individual training and was awarded military occupational specialty 71L (Administrative Specialist). The highest rank she attained while serving on active duty was private first class/E-3.
3. She served in Southwest Asia in support of Operations Desert Shield/Storm from 22 November 1990 until 10 April 1991.
4. She was honorably released from active duty on 23 July 1991. Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 and her DD Form 215 (Correction to the DD Form 214) shows the:
* Army Service Ribbon
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Joint Service Achievement Medal
5. Army Regulation 600-8-22 (Military Awards) states:
a. the 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.
b. the KLM-K 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 evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 22 November 1990 until 10 April 1991; therefore, she served a qualifying period for award of the KLM-SA and the KLM-K and she is entitled to correction of her records to show these awards.
2. Her records do not reveal an entitlement to any additional awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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:
* adding to item 13 of her DD Form 214 the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait)
2. The Board further determined that 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 any other awards.
_______ _ 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) AR20110013769
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ABCMR Record of Proceedings (cont) AR20110013769
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