IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120008243
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards earned.
2. The applicant states his DD Form 214 does not show all of his awards.
3. The applicant provides a transmittal letter from the Veterans of Foreign Wars of the United States, Kansas City, MO, dated 9 April 2012.
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. The applicant enlisted in the Regular Army on 16 November 1989. He was trained in and awarded military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman).
3. He continuously served on active duty until he was honorably released from active duty on 29 September 1992 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 10 months, and 14 days of creditable active service. The DD Form 214 he was issued at the time shows he was authorized or awarded the:
* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar (ITV Gunner)
* First Class (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Missile Bar (TOW Gunner)
4. Review of the Gulf War Deployment Roster confirms the applicant served in the Gulf War area of operations from 27 December 1990 through 9 May 1991.
5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.
a. Paragraph 9-14 contains guidance on the Kuwait Liberation Medal - Saudi Arabia. It states it is authorized to members for service in Operation Desert Storm in Southwest Asia between 17 January 1991 and 28 February 1991.
b. Paragraph 9-15 contains guidance on the Kuwait Liberation Medal - Kuwait. It states it is authorized for service in support of Operation Desert Shield/Desert Storm in Southwest Asia between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends additional awards should be added to his DD Form 214.
2. By regulation, the Kuwait Liberation Medal - Saudi Arabia is authorized for service in Southwest Asia between 17 January 1991 and 28 February 1991 and the Kuwait Liberation Medal - Kuwait is authorized for service in Southwest Asia between 2 August 1990 and 31 August 1993. As a result, the applicant is entitled to both the Kuwait Liberation Medal for Saudi Arabia and Kuwait. Therefore, his DD Form 214 should be corrected accordingly.
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. deleting from his DD Form 214 the Kuwait Liberation Medal; and
b. adding to his DD Form 214 the Kuwait Liberation Medal - Saudi Arabia and the 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) AR20120008243
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