BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008823
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kuwait Liberation Medal (KLM-K).
2. The applicant states she was deployed to Riyadh, Saudi Arabia from August to December 1990 in support of Operation Desert Shield/Storm.
3. The applicant provides member copy 4 of her 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 3Â 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. On 23 May 1981, the applicant was commissioned as a second lieutenant, Signal Corps, in the Regular Army. She was subsequently promoted to captain, pay grade O-3 on 1 June 1985.
3. The applicant's Officer Record Brief (ORB) indicates that she was assigned to the 513th Military Intelligence Brigade on 16 June 1989 and that she served in Riyadh, Saudi Arabia with this unit from 30 August to 23 December 1990.
4. On 25 April 1992, the applicant was discharged. Her DD Form 214 lists the following awards:
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Commendation Medal
* Southwest Asia Service Medal with one bronze service star
* Meritorious Service Medal
* Army Lapel Button
5. Army Regulation 600-8-22 (Military Awards) shows the KLM-K was awarded by the Government of Kuwait and was approved on 9 November 1995. It 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 contends that her DD Form 214 should be corrected to show award of the KLM-K.
2. The available evidence shows that the applicant served during a qualifying period for award of the KLM-K. Therefore, this foreign award should be shown on her DD Form 214.
3. In view of the above, the applicant's request should be granted.
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 showing that, in addition to the awards already shown on her DD Form 214, her authorized awards include the 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) AR20130008823
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ABCMR Record of Proceedings (cont) AR20130008823
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