IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110022750
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add any unit awards authorized after his discharge from service.
2. The applicant states he served honorably and should be awarded the medals he earned.
3. The applicant provides no additional evidence.
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 9 October 1987. The Gulf War Deployment Roster shows he was deployed from 1 August 1990 to 15 April 1991. During this period he was assigned to Company C, 3rd Engineer Battalion, 24th Infantry Division, Fort Stewart, GA.
3. On 8 December 1994, he was honorably discharged as a sergeant/E-5. He had completed 7 years and 2 months of net active service for the period covered by the DD Form 214. His DD Form 214 lists his awards as:
* Army Commendation Medal
* Army Achievement Medal (5th Award)
* Army Superior Unit Award
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Armed Forces Expeditionary Medal (Somalia)
* Southwest Asia Service Medal with two bronze service stars
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with
numeral 2
* Army Service Ribbon
* Overseas Service Bar
* Kuwait Liberation Medal
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bar
* Driver and Mechanic Badge
4. The U.S. Army Human Resources Command Military Awards Branch listing of recently-approved unit awards shows the 3rd Engineer Battalion, 24th Infantry Division was awarded the Meritorious Unit Commendation (MUC) for the period
15 October 1990 to 29 March 1991.
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-K) 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 evidence shows he served in the Persian Gulf from 1 August 1990 to
15 April 1991 which is a qualifying period for award of both the KLM-KU and KLM-SA; however, his DD Form 214 shows only one award and should be corrected to show both.
2. His unit was awarded the MUC for the period 15 October 1990 to 29 March 1991. Therefore, this award should be added to his DD Form 214.
3. In view of the above his request should be granted.
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 amending his DD Form 214 to delete the entry Kuwait Liberation Medal and add the:
* Kuwait Liberation Medal - Kuwait
* Kuwait Liberation Medal - Saudi Arabia
* Meritorious Unit Commendation
__________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) AR20110022750
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ABCMR Record of Proceedings (cont) AR20110022750
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