BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110015488 


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 military records to show award of the Kuwait Liberation Medal-Kuwait and the Armed Forces Reserve Medal with "M" Device.

2.  The applicant states, in effect, that he served in Operations Desert Shield and Desert Storm from January 1991 to June 1991.

3.  The applicant provides:

* two DD Forms 214 (Certificate of Release or Discharge from Active Duty) with the periods ending 26 August 1988 and 2 July 1991
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 30 December 1986
* Orders 259-6, dated 30 December 1986, issued by the Military Entrance Processing Station, Knoxville, TN
* DA Form 4187 (Personnel Action)
* Individual Training Record
* Orders 3-4, dated 20 November 1990, issued by the 912th Surgical Hospital
* DA Form 2-1A (Personnel Qualification Record)
* DA Form 2-1 (Personnel Qualification Record)




* Orders 58-24, dated 12 May 1994, issued by the 125th US Army Reserve Command (USARC)
* DA Form 1059 (Service School Academic Evaluation Report, dated 
25 September 1994
* Orders 95-12, dated 6 September 1995, issued by the 377th Combat Support Hospital
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 15 April 1996
* USARC Chronological Statement of Retirement Points, dated 27 January 1998
* Orders D-02-907357, dated 9 February 1999, issued by the USARC

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 US Army Reserve on 30 December 1986 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 52D (Power Generator Equipment Repairer).

3.  The applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm.  He arrived in Southwest Asia assigned to the 912th Surgical Hospital on 14 January 1991.

4.  The applicant departed Southwest Asia on 7 June 1991.

5.  On 2 July 1991, the applicant was honorably released from active duty.    





6.  His DD Form 214 for the period ending 2 July 1991 shows t he was awarded:

* Army Service Ribbon
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Overseas Service Bar -1
* Noncommissioned Officer Professional Development Ribbon
* Driver and Mechanic Badge Driver-W Bar

7.  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.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the "M" Device.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was ordered to active duty in support of Operations Desert Shield and Desert Storm.  His DD Form 214 for the period ending 2 July 1991, shows he was awarded the Kuwait Liberation Medal.  However, his DD Form 214 should show that he was awarded both the Kuwait Liberation Medal-Kuwait and the Kuwait Liberation Medal-Saudi Arabia.  

2.  The applicant met the eligibility criteria for award of the Armed Forces Reserve Medal with "M" Device.  His DD Form 214 should be amended to add this award.

BOARD VOTE:

___X_____  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting the Kuwait Liberation Medal from item 13 of the applicant's 
DD Form 214 for the period ending 2 July 1991 and 

	b.  adding the following awards to item 13:

* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia
* Armed Forces Reserve Medal with "M" Device



      ___________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)                                         AR20110015488





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ABCMR Record of Proceedings (cont)                                         AR20110015488



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