IN THE CASE OF:	  

		BOARD DATE:	    24 April 2012

		DOCKET NUMBER:  AR20110020186 


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 Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Government of Kuwait be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he believes the authorization of these medals was approved after his retirement.  In addition, he states his DD Form 214 shows he retired on 11 May 1992 but his Certificate of Retirement states he retired on 
12 September 1995.

3.  The applicant provides his:

* DD Form 214
* orders placing him on the Temporary Disability Retied List (TDRL)
* orders for permanent retirement
* Certificate of Retirement

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.  He enlisted in the Regular Army on 6 January 1981.  He had 3 years of prior active service.  

3.  On 16 February 1989, he was assigned to Headquarters Troop, 4th Squadron, 7th Cavalry in Germany.

4.  A memorandum for record (MFR), dated 24 May 1991, from his unit commander certified he arrived in Southwest Asia on 23 December 1990 and departed Southwest Asia on 15 May 1991.

5.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he was on temporary duty in Saudi Arabia from 23 December 1990 to 
10 May 1991.

6.  On 11 May 1992, he was retired and placed on the TDRL.  His DD Form 214 shows he was awarded or is authorized the:

* Army Commendation Medal
* Army Achievement Medal with Oak Leaf Cluster
* National Defense Service Medal
* Army Good Conduct Medal (3rd award)
* Noncommissioned Officer Professional Development Ribbon with numeral 2
* Southwest Asia Service Medal with bronze service star
* Kuwait Liberation Medal 
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  On 11 September 1995, he was removed from the TDRL and on 
12 September 1995 he was permanently retired by reason of disability with a disability rating of 30 percent.

8.  The Certificate of Retirement he submitted indicates he was retired from the United States Army on 12 September 1995.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
	a.  The Southwest Asia Service Medal was 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.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  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.

	c.  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.

10.  Army Regulations 635-5 (Personnel Separations - Separation Document) states the DD Form 363A (Certificate of Retirement) is issued to all retiring Soldiers except those being removed from the TDRL.

DISCUSSION AND CONCLUSIONS:

1.  The exact dates of his TDY to Saudi Arabia differ between the MFR and his DA Form 2-1.  However, the dates shown on either document are sufficient to show he is authorized:

* three bronze service stars to be worn on his Southwest Asia Service Medal
* the Kuwait Liberation Medal - Saudi Arabia
* the Kuwait Liberation Medal - Government of Kuwait

2.  Therefore, it is appropriate to add these awards to his DD Form 214.

3.  When he was placed on the TDRL on 12 May 1992, this was not a permanent retirement.  The regulation states a Certificate of Retirement is not issued at that time.  However, when he was permanently 12 September 1995 it was appropriate to issue a Certificate of Retirement.  Therefore, the date, 
12 September 1995, on his Certificate of Retirement is correct.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  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 partial 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 214 as follows:

	a.  delete the:

* Southwest Asia Service Medal
* Kuwait Liberation Medal

	b.  add the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his Certificate of Retirement.  





      __________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)                                         AR20110020186





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ABCMR Record of Proceedings (cont)                                         AR20110020186



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