IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110018693
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 award of the Kuwait Liberation Medal - Saudi Arabia (KLM-SA).
2. He states he served in Southwest Asia from 15 December 1990 to 4 May 1991. He provides the requirements for award of the KLM-SA and maintains that he met those requirements.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 1 November 1989 and was honorably released from active duty on 31 October 1992. He was credited with completing 3 years of active duty service.
3. His DD Form 214 shows in:
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with M-16 Rifle Bar
* KLM
* Item 18 (Remarks)
* Service in Southwest Asia from 15 December 1990 to 4 May 1991
4. 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-SA 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.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 confirms that he served in Southwest Asia from
15 December 1990 to 4 May 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.
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 the KLM from item 13 of his DD Form 214
* adding the KLM-SA and KLM-KU to item 13 of his DD Form 214
_______ _ _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) AR20110018693
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ABCMR Record of Proceedings (cont) AR20110018693
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