IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130001481
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 the awards he is entitled to for his service in the Gulf War:
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
2. The applicant states he served in the Gulf War from 1990 to 1991 while assigned to the 519th Military Police (MP) Battalion. After he retired and received his DD Form 214, he heard additional awards were awarded and he would like his DD Form 214 corrected to show them.
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 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. Having prior active and Reserve service, the applicant's records show he enlisted in the Regular Army on 30 June 1978 and he held military occupational specialties 95B (MP) and 00Z (Command Sergeant Major).
3. Item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Southwest Asia from 5 October 1990 to 28 March 1991. He was assigned to Headquarters and Headquarters Detachment (HHD), 519th MP Battalion, at that time.
4. He was honorably retired on 31 March 1994 and he was placed on the Retired List on 1 April 1994. He completed 29 years, 2 months, and 11 days of creditable active service.
5. His DD Form 214 for this period of service shows, in part, he was awarded or authorized the:
* Kuwait Liberation Medal
* Southwest Asia Service Medal with two bronze service stars
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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.
b. The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was 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.
7. A review of the U.S. Army Human Resources Command website shows HHD, 519th MP Battalion, was cited for award of the Meritorious Unit Commendation for the period 6 October 1990 through 24 March 1991 in Department of the Army General Orders Number 27, dated 1997.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Southwest Asia during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait) while his DD Form 214 only shows the Kuwait Liberation Medal. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. General orders awarded his unit the Meritorious Unit Commendation during a period he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 amending his DD Form 214 for the period ending 31 March 1994 as follows:
* deleting award of the Kuwait Liberation Medal
* adding award of the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Meritorious Unit Commendation
_______ _ 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) AR20130001481
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