IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110020648
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-Government of Kuwait (KLM-KU).
2. The applicant states he did not receive the KLM-KU because it was approved for issuance after his discharge from active duty.
3. The applicant provides no additional documents.
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 applicants military record shows he enlisted in the Regular Army on 2 August 1989. He was trained in and awarded military occupational specialty 19D (Calvary Scout).
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 22 August 1990 through 31 March 1991.
Item 9 (Awards, Decorations, and Campaigns) includes an entry which shows he qualified "marksman" with the hand grenade.
4. On 30 July 1993, he was released from active duty under the provisions of Army Regulation 635-200, by reason of expiration term of service. The
DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at that time shows he completed 3 years, 11 months, and 29 days of creditable active duty service. Item 12f (Foreign Service) contains the entry 00 07 10.
5. His DD Form 214 shows he earned the following awards during his tenure on active duty:
* Army Achievement Medal with 2nd Oak Leaf Cluster
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon
* Kuwait Liberation Medal-Saudi Arabia
* Army Service Ribbon
* Army Lapel Button
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar
6. Item 18 (Remarks) of the DD Form 214 includes an entry which confirms the applicant served in Southwest Asia from 22 August 1990 to 31 March 1991.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 9-15 provides guidance on the award of the KLM-KU. It states the Government of Kuwait offered the KLM-KU to members of the Armed Forces of the United States and the medal was accepted by the Secretary of Defense on 16 March 1995. It was awarded to members who served in support of Operation Desert Shield or Desert Storm between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in the Persian Gulf from 22 August 1990 to 31 March 1991, as evidenced by entries contained on his DA Form 2-1 and DD Form 214, thereby entitling him to the KLM-KU. His DA Form 2-1 also confirms he qualified "marksman" with the hand grenade which is not currently reflected on his DD Form 214. Therefore, his DD Form 214 should be corrected at this time to show this award and qualification.
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:
a. amending his DD Form 214 by adding the Kuwait Liberation Medal-Kuwait and Marksman Marksmanship Qualification Badge with Hand Grenade Bar; and
b. providing him a correction to his DD Form 214 that includes these changes.
____________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) AR20110020648
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ABCMR Record of Proceedings (cont) AR20110020648
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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