IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110013866
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal (KLM), and Army Achievement Medal (AAM).
2. The applicant states he was issued the SWASM, KLM, and AAM and he desires that these awards be reflected on his DD Form 214.
3. The applicant provides copies of orders awarding him the AAM and 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 13 January 1987 for a period of 4 years and training as a plumber. He completed his one-station unit training at Fort Leonard Wood, Missouri and was transferred to Germany on 30 May 1987. He completed his tour in Germany on 19 May 1989 and was transferred to Fort Benning, Georgia. The applicant was deployed on temporary duty to Honduras and was awarded the AAM for the period of 1 June to 31 July 1991. He deployed to Southwest Asia from 29 December 1990 to 15 March 1991.
3. On 15 May 1991, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 4 years, 4 months, and
1 day of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Service Ribbon, Overseas Service Ribbon, Good Conduct Medal, National Defense Service Medal, and his marksmanship badges.
4. On 31 August 1992, a DD Form 215 (Correction to DD Form 214) was issued to the applicant and added the awards of the SWASM with two bronze service stars and the KLM. Accordingly, the issue of the SWASM will not be discussed further in these proceedings.
5. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal 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.
6. 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 applicants contention that his DD Form 214 does not reflect award of the AAM has been noted and found to have merit.
2. The applicant was awarded the AAM for his deployment to Honduras and is entitled to have that award added to his DD Form 214.
3. The applicant also served during a qualifying period for award of the KLM-SA and KLM-KU. Accordingly, those awards 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 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 deleting the KLM and adding the AAM, KLM-KU, and KLM-SA to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism 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) AR20110013866
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ABCMR Record of Proceedings (cont) AR20110013866
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