IN THE CASE OF:	  

		BOARD DATE:	    9 February 2012

		DOCKET NUMBER:  AR20110014346 


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 (KLM).

2.  He states the KLM was omitted from his DD Form 214.

3.  He provides 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 enlisted in the U.S. Coast Guard on 18 November 1952 and was honorably released from active duty on 17 November 1956.  On 13 August 1980, he enlisted in the U.S Army Reserve.  On 3 January 1991, he was ordered to active duty in support of Operation Desert Shield/Storm.  He was honorably released from active duty on 5 April 1991.

3.  His 5 April 1991 DD Form 214 shows in:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) 

* Army Service Ribbon 
* National Defense Service Medal (NDSM)

* Item 18 (Remarks)

* Southwest Asia from 12 February 1991 to 4 March 1991

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows:

* NDSM
* Army Reserve Components Achievement Medal (2nd Award)
* Army Service Ribbon 
* Army Commendation Medal
* Army Achievement Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar 

5.  Army Regulation 600-8-22 (Military Awards) states:

   a.  the KLM 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.

   b.  the KLM 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.

	c.  the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert 

Shield/Desert Storm in the designated area on or after 2 August 1990 to 
30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Included in the designated campaigns is the Liberation and Defense of Kuwait (17 January to 11 April 1991). 

	d.  the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 confirms that he served in Southwest Asia from 12 February 1991 to 4 March 1991.  His service in Southwest Asia qualifies him for award of the KLM-KU and the KLM-SA.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His service in Southwest Asia from 12 February 1991 to 4 March 1991 also qualifies him for the award of the SWASM.  Additionally, he participated in one campaign during this period of service that entitles him to correction of his 
DD Form 214 to show one bronze service star for wear on the SWASM.

3.  Records show he honorably served during two qualifying periods for the NDSM:  18 November 1952 to 17 November 1956 and 3 January 1991 to 5 April 1991.  Therefore, his DD Form 214 should be corrected to show the NDSM with one bronze service star.  Further, his DA Form 2-1 shows he was awarded additional awards/badges.  Therefore, he is entitled to correction of his DD Form 214 show the:

* National Defense Service Medal with one bronze service star
* Army Reserve Components Achievement Medal (2nd Award)
* Army Service Ribbon 
* Army Commendation Medal
* Army Achievement Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars

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:

* deleting from item 13 of his 5 April 1991 DD Form 214 the NDSM 
* adding to item 13 of his 5 April 1991 DD Form 214

* Kuwait Liberation Medal - Kuwait
* Kuwait Liberation Medal - Saudi Arabia
* Southwest Asia Service Medal with one bronze service star
* National Defense Service Medal with one bronze service star
* Army Reserve Components Achievement Medal (2nd Award)
* Army Service Ribbon 
* Army Commendation Medal
* Army Achievement Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars



      _______ _   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)                                         AR20110014346





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ABCMR Record of Proceedings (cont)                                         AR20110014346



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