BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120022143
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 award of the Kuwait Liberation Medal-Saudi Arabia (KLM-SA) and Kuwait Liberation Medal-Kuwait (KLM-KU).
2. The applicant states he was attached to the 584th Maintenance Company as part of the Presidential call up of the U.S. Army Reserve (USAR) Individual Ready Reserve. The KLM-SA and KLM-KU were awarded to members of his unit of attachment subsequent his expiration term of service (ETS).
3. The applicant provides:
* DD Form 214 for the periods ending 1 October 1990 and 1 May 1991
* DD Form 215 (Correction to DD Form 214) for the period ending 1 May 1991
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 records show he enlisted in the Regular Army on 2 October 1986 and he was honorably released from active duty on 1 October 1990. His DD Form 214 for this period shows he completed 4 years of creditable active service and was transferred to the USAR.
3. On 31 January 1991, the applicant was ordered to active duty in support of Operation Desert Storm. He was released from active duty on 1 May 1991, having completed 3 months of creditable active service.
4. The KLM-KU and KLM-SA are not included among awards shown on his DD Form 214 for the period ending 1 May 1991. Item 18 (Remarks) of this document includes an entry which shows the applicant served in Southwest Asia (SWA) from 17 February through 24 April 1991.
5. The applicant's military records contain a DD Form 215, dated 6 February 1992. It shows it was issued to add award of the SWA Service Medal with one bronze service star to his DD Form 214 for the period ending 1 May 1991.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 9-14 contains guidance for award of the KLM-SA. It states this medal is authorized to members for service in support of Operation Desert Storm in SWA between 17 January 1991 and 28 February 1991.
7. Paragraph 9-15 of Army Regulation 600-8-22 contains guidance for award of the KLM-KU. It states this medal is authorized for service in support of Operations Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in SWA in support of Operation Desert Storm from 17 February through 24 April 1991 as evidenced by entries in item 18 of his DD Form 214 for the period ending 1 May 1991. Therefore, the regulatory criteria necessary for the award of the KLM-SA and KLM-KU has been satisfied and these medals should be added to his DD Form 214 for the period ending 1 May 1991.
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 adding award of the KLM-SA and KLM-KU to his DD Form 214 for the period ending 1 May 1991.
_________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) AR20120022143
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