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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130012520
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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