IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130013252
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).
2. The applicant states he was discharged from the U.S. Army Reserve (USAR) before these medals were awarded/authorized for Soldiers who served in the Persian Gulf War.
3. The applicant provides his 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 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 USAR on 14 November 1988 and held military occupational specialty 72E (Tactical Telecommunications Center Operator). The highest rank/grade he attained while serving in the USAR was specialist/E-4. His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Saudi Arabia (Southwest Asia) from 15 November 1990 to 12 May 1991 and served with the 347th Quartermaster Company. Additionally, he was awarded or authorized the Army Service Ribbon, the National Defense Service Medal, the Southwest Asia Service Medal with three bronze service stars, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
3. His record contains a DD Form 214 and subsequently-issued DD Form 215 (Correction to DD Form 214) which show he entered active duty on 11 October 1990 and was honorably released from active duty on 11 June 1991. These forms also show he served in Southwest Asia from 15 November 1990 to 12 May 1991 and was awarded or authorized the:
* Army Service Ribbon
* National Defense Service Medal
* Kuwait Liberation Medal
* Southwest Asia Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
4. Orders Number D-11-695954, issued by the U.S. Army Reserve Personnel Center on 12 November 1996 honorably discharged him from the USAR.
5. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. 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:
The applicant's DD Form 214/DD Form 215 shows he served in Saudi Arabia (Southwest Asia) from 15 November 1990 to 12 May 1991 and was awarded the
"Kuwait Liberation Medal." This entry is technically incorrect because Soldiers serving Persian Gulf War were awarded the Kuwait Liberation (Kuwait) or the Kuwait Liberation Medal (Saudi Arabia). However, due to the applicant's period of service he qualified for both medals. Therefore, he is entitled to correction of his DD Form 214 to show both 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 deleting from his DD Form 214/DD Form 215 for the period ending 11 June 1991 the Kuwait Liberation Medal and adding the Kuwait Liberation (Kuwait) and the Kuwait Liberation Medal (Saudi Arabia).
_______ _ __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) AR20130013252
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