IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130010446
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 issued by the government of Kuwait (KLM-K).
2. The applicant states, in effect, that he served in Southwest Asia during Operation Desert Shield/Storm and the KLM-K was not authorized until after he was discharged.
3. The applicant provides 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 was commissioned as a Regular Army Engineer Corps second lieutenant upon graduation from the United States Military Academy at West Point on 22 May 1985. He was promoted to the rank of captain on 1 October 1989.
3. He deployed to Southwest Asia during the period of October 1990 to April 1991 and on 25 May 1992 he was honorably discharged under the Voluntary Incentive Program Special Separation Benefit (SSB). He had served 7 years and 4 days of active service and was paid $34,704.18 in SSB benefits. His DD Form 214 issued at the time of his discharge shows that he was awarded the Bronze Star Medal, Army Commendation Medal with one oak leaf cluster, Army Achievement Medal with one oak leaf cluster, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal, Parachutist Badge and the Air Assault Badge.
4. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138.
5. Army Regulation 600-8-22 (Military Awards) 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.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he is qualified to receive the KLM-K has been noted and appears to have merit.
2. The applicant served during qualified periods for awards of both the KLM-K and the KLM-SA. Accordingly, he should be awarded the KLM-K and both awards should be reflected on his DD Form 214.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Deleting the award of the Kuwait Liberation Medal from item 13 of his DD Form 214
* Authorize the issuance of a KLM-K medal set to the applicant
* Add the awards of the KLM-K and KLM-SA to item 13 of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20130010446
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ABCMR Record of Proceedings (cont) AR20130010446
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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