IN THE CASE OF:
BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20130000185
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 the Kuwait Liberation Medal Kuwait.
2. The applicant states he served in Southwest Asia from 1 September 1990 to 30 March 1991. When he was discharged from active duty, he was unaware he was entitled to this medal.
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 enlisted in the Regular Army on 15 July 1980 and he held military occupational specialty 76C (Equipment Records and Parts Specialist). He served through multiple reenlistments, in a variety of stateside or overseas assignments, and he attained the rank of sergeant (SGT)/E-5.
3. His record shows he served in Southwest Asia in support of Operations Desert Shield/Desert Storm from 1 September 1990 to 29 March 1991. He was assigned to the 2nd Battalion, 29th Infantry.
4. He was honorably discharged on 9 March 1993 at the expiration of his term of service. He completed 12 years, 7 months, and 25 days of creditable active service. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* Army Achievement Medal
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
* Kuwait Liberation Medal Saudi Arabia
5. Permanent Orders Number 92-1, issued by Headquarters, U.S. Army Garrison, Okinawa, dated 14 November 1983, awarded him the Army Achievement Medal for meritorious achievement from 21 May 1982 to
15 November 1983.
6. Permanent Order Number 14-1, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, dated 7 February 1986, awarded him the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious service from
5 December 1983 to 8 February 1986.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states The Kuwait Liberation Medal 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. Evidence shows the applicant served during a qualifying period of service for entitlement to the Kuwait Liberation Medal awarded by the Government of Kuwait. Therefore, his DD Form 214 should be corrected to show the Kuwait Liberation Medal - Kuwait.
2. Permanent orders awarded the applicant two awards of the Army Achievement Medal for meritorious achievement and service. Therefore, his
DD Form 214 should be corrected to show both 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:
a. deleting from his DD Form 214 the Army Achievement Medal, and
b. adding to his DD Form 214 the:
* Army Achievement Medal (2nd Award)
* 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) AR20130000185
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130000185
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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