Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130012520
Original file (20130012520.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  18 March 2014

		DOCKET NUMBER:  AR20130012520 


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 the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 May 1991. 

2.  The applicant states these awards are missing from his DD Form 214 and 
DD Form 215 (Correction to DD Form 214).  

3.  The applicant provides:

* DD Form 214
* DD Form 215

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 ordered to active duty from the Army National Guard on 
21 November 1990 in support of Operation Desert Shield/Desert Storm.  He served as a military police and he was released from active duty on 30 May 1991.

3.  His DD Form 214 for the period ending 30 May 1991 shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal 
* Southwest Asia Service Medal (SWASM) 
* Army Lapel Button

4.  Item 18 (Remarks) shows he served in Southwest Asia from 23 January to
6 May 1991.  

5.  He provides a DD Form 215, dated 21 March 1992, which amends his 
DD Form 214 by showing the SWASM with one bronze service star and the Humanitarian Service “Ribbon.”

6.  Army Regulation 600-8-22 (Military Awards) states the 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.

7.  Army Regulation 600-8-22 states the KLM-KU 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:

Based on the applicant's service in Southwest Asia from 23 January to 6 May 1991, he is authorized the KLM-SA and KLM-KU.  Therefore, his DD Form 214 for the period ending 30 May 1991 should be corrected to show these 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 adding the KLM-SA and KLM-KU to his DD Form 214 for the period ending 
30 May 1991.



      _____________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)                                         AR20130012520



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012520



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110009234

    Original file (20110009234.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and/or DD Form 215 (Correction to DD Form 214) to show: * Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) * Kuwait Liberation Medal awarded by the Government of Saudi Arabia (KLM-SA) * Social Security Number (SSN) as XXX-73-XXXX instead of XXX-77-XXXX 2. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an...

  • ARMY | BCMR | CY2013 | 20130007868

    Original file (20130007868.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 May 1991 to show his deployment in Southwest Asia (SWA) and the Southwest Asia Service Medal (SWASM). Therefore, his DD Form 214 should be corrected to show these awards.

  • ARMY | BCMR | CY2009 | 20090009659

    Original file (20090009659.txt) Auto-classification: Approved

    Army Regulation 600-8-22 also provides, in pertinent part, that the KLM-KU 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. Therefore, he is entitled to correction of his military records to show the award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2011 | 20110008065

    Original file (20110008065.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"...

  • ARMY | BCMR | CY2009 | 20090014452

    Original file (20090014452.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). However, there are no orders or other evidence on file in his official military personnel file that confirm more than one award of the Air Medal, which is currently reflected on his DD Form 214. The SWASM is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995.

  • ARMY | BCMR | CY2013 | 20130008852

    Original file (20130008852.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 September 1994 to show award of the Southwest Asia Service Medal (SWASM). The entry from his DA Form 2-1 is accepted as sufficient evidence with which to correct item 18 of his DD Form 214 for the period ending 28 September 1994 to show his dates of service in Southwest Asia. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2011 | 20110013866

    Original file (20110013866.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal (KLM), and Army Achievement Medal (AAM). He had served 4 years, 4 months, and 1 day of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Service Ribbon, Overseas Service Ribbon, Good Conduct Medal, National Defense Service Medal, and his...

  • ARMY | BCMR | CY2007 | 20070006555C080213

    Original file (20070006555C080213.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 January 2008 DOCKET NUMBER: AR20070006555 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 December 1991 be corrected to add three awards of the Army Achievement Medal, the Southwest...

  • ARMY | BCMR | CY2010 | 20100008460

    Original file (20100008460.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf region during Operation Desert Storm and awards earned as a result of this service. _______ _ 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...

  • ARMY | BCMR | CY2011 | 20110006719

    Original file (20110006719.txt) Auto-classification: Approved

    The applicant states: * he served in Operation Desert Storm and his DD Form 214 does not show the KLM-SA or KLM-KU * his DD Form 214 does show the Southwest Asia Service Medal * he may have separated from the Army before these awards were issued 3. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) 8. As a related issue, the...