IN THE CASE OF:
BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130005149
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.
2. The applicant states he was deployed to Saudi Arabia from September 1990 through April 1991 and he received the Southwest Asia Service Medal with two bronze service stars.
3. The applicant provides a copy of 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. The applicant enlisted in the Regular Army on 25 February 1987. He completed the training requirements and he was awarded military occupational specialty 11B (Infantryman).
3. The applicant was honorably released from active duty on 15 February 1992. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Air Assault Badge
* Combat Infantryman Badge
* Expert Infantryman Badge
* Army Commendation Medal
* Army Achievement Medal (4th oak leaf cluster)
* Expert Marksmanship Qualification Badge with Pistol Bar (9mm)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
4. Item 18 (Remarks) of his DD Form 214 does not show he deployed to Southwest Asia.
5. His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC). The database shows he was deployed to Southwest Asia from 1 October 1990 through 7 April 1991.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. It states, in part, that for:
a. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records.
b. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
7. Army Regulation 600-8-22 states the Kuwait Liberation Medal - Saudi Arabia 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. In addition, this regulation further states the Kuwait Liberation Medal - Kuwait 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 applicant's name appears in the Desert Shield/Storm Database compiled by the DMDC. The database shows he was deployed to Southwest Asia from 1 October 1990 through 7 April 1991. Therefore, he is entitled to have his DD Form 214 corrected to show this foreign service.
2. The evidence shows he served a qualifying period of service in a designated location to qualify for award of both the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait. Therefore, he is entitled to have his DD Form 214 corrected to show these foreign 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. adding the following entry to item 13 of his DD Form 214: "KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT//"; and
b. adding the following entry to item 18 of his DD Form 214: "SERVICE IN SOUTHWEST ASIA FROM 19901001 - 19910407."
_______ _ __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) AR20130005149
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ABCMR Record of Proceedings (cont) AR20130005149
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