IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120008059
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Korea Defense Service Medal (KDSM) and the Cold War Recognition Certificate.
2. The applicant states the KDSM and the Cold War Recognition Certificate were not authorized for award until after his discharge.
3. The applicant provides his DD Form 214.
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 has requested award of the Cold War Recognition Certificate. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicants request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 27 May 1988 and held military occupational specialty 91B (Medical Specialist).
4. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in:
* Korea from 27 October 1988 to 25 October 1989
* Saudi Arabia from 2 January 1991 to 23 April 1991
5. He was honorably discharged from active duty on 29 April 1993. His DD Form 214 does not list the KDSM; however, it does list the Kuwait Liberation Medal. This form does not indicate whether it is the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) or the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).
6. Army Regulation 600-8-22 states:
a. the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
b. 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.
c. 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:
The applicant served a qualifying period of time for awards of the KDSM,
KLM-SA, and the KLM-K, and is, therefore, entitled to correction of his DD Form 214 to add 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 from his DD Form 214 the entry "Kuwait Liberation Medal"
* Adding to his DD Form 214 the:
* Korea Defense Service Medal
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
_______ _ __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) AR20120008059
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ABCMR Record of Proceedings (cont) AR20120008059
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