IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014502
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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 March 1992:
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
2. The applicant states these awards were omitted from his DD Form 214.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 31 July 1992
* DD Form 215, dated 10 April 1995
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. He enlisted in the Regular Army on 5 August 1983. He completed basic combat and advanced individual training and was awarded military occupational specialty 31M (Multichannel Transmission Systems Operator). He reenlisted on 31 March 1986.
3. On 24 September 1990, he was assigned to Headquarters and Headquarters Troop, 2nd Squadron, 2nd Armored Cavalry Regiment in Bamberg, Germany.
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he was on temporary duty (TDY) to Southwest Asia from 4 December 1990 to 19 April 1991.
5. On 30 March 1992, he was discharged. He completed 8 years, 7 months, and 26 days of active service that was characterized as honorable. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he is authorized the:
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
6. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.
7. The DMDC Desert Shield/Storm Data Base shows he participated in-theater during the period from 1 January 1991 to 26 April 1991.
8. 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 - Saudi Arabia 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 - Government of Kuwait 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 exact dates of his TDY to Saudi Arabia differ on his DA Form 2-1 and the DMDC Desert Shield/Storm Data Base. However, the dates shown on either document are sufficient to show he is authorized the:
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
2. Therefore, it is appropriate to add these two awards to 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 amending his DD Form DD Form 214 with a separation date of 30 March 1992 by adding the:
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of 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) AR20110014502
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014502
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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