IN THE CASE OF:
BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20130010386
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 that he be awarded the Kuwait Liberation Medal Kuwait (KLM-K) and the Kuwait Liberation Medal Saudi Arabia (KLM-SA).
2. The applicant states, in effect, that he served during a qualifying period for awards of the KLM-K and KLM-SA and desires to have them awarded and added to his records.
3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification record Part II) and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 29 March 1989. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a cargo specialist at Fort Eustis, Virginia and remained assigned to Fort Eustis for the duration of his enlistment.
3. The applicant deployed to Southwest Asia in a temporary duty status during the period 18 February 21 August 1991.
4. On 28 March 1993, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 4 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, Southwest Asia Service Medal with three bronze service stars, National Defense Service Medal, Good Conduct Medal, and his marksmanship badges.
5. Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.
6. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he served in Southwest Asia during a qualifying period for awards of the KLM-K and KLM-SA has been noted and found to have merit.
2. Accordingly, he should be awarded those awards and they should be added to his DD Form 214 at this time.
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 adding the KLM-K and KLM-SA to his DD Form 214 and issuing him those awards.
____________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) AR20130010386
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