BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010439
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, award of the Kuwait Liberation Medal (KLM) awarded by the Kingdom of Saudi Arabia (KLM-SA) and KLM awarded by the Government of Kuwait (KLM-KU) and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 11 October 1991.
2. He states he served in the Gulf War and did not receive the additional medals for this period of service. He only received the Southwest Asia Service Medal and Army Commendation Medal. He was probably discharged before the medals were presented.
3. He provides a copy of his 1991 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's military records show he enlisted in the Regular Army on 25 July 1989, with prior Army National Guard enlisted service. He completed training and was awarded military occupational specialty 63W (Wheel Vehicle Repairer). He served in Southwest Asia (Saudi Arabia) from 15 October 1990 through 22 April 1991 during three campaigns.
3. On 11 October 1991, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), in pay grade E-4. He was credited with completing 2 years, 2 months, and
17 days of net active service this period. His DD Form 214 lists the:
* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Southwest Asia Service Medal with two bronze service stars
* Army Commendation Medal
4. Army Regulation 600-8-22 (Military Award) states:
a. The Persian Gulf War is recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 through 16 January 1991), Liberation and Defense of Kuwait (17 January through 11 April 1991), and Southwest Asia Cease-Fire (12 April 1991 through 30 November 1995) campaigns.
b. The KLM-SA 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 KLM-KU 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in three campaigns during his deployment to Southwest Asia. His DD Form 214 shows he was awarded the Southwest Asia Service Medal with two bronze service stars. Therefore, he is entitled to one additional bronze service star to be affixed to his already-awarded Southwest Asia Service Medal and correction to his DD Form 214 to show this service star.
2. Based on this service in Southwest Asia he is also entitled to award of the KLM-SA and KLM-KU. Therefore, he is entitled to a correction of his DD Form 214 to reflect these awards.
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:
a. deleting the Southwest Asia Service Medal and two bronze service stars from the applicant's DD Form 214 for the period ending on 11 October 1991; and
b. adding the following awards to his 1991 DD Form 214:
* Southwest Asia Service Medal with three bronze service stars
* KLM-SA
* KLM-KU
_______ _ 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.
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