BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130014866 


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 show award of the Korea Defense Service Medal and Kuwait Liberation Medal (Kuwait).

2.  The applicant states he served in the Republic of Korea (ROK) from 
27 January 1985 to 7 May 1986 and in Operation Desert Shield/Storm from 
5 December 1990 to 30 April 1991.

3.  The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record) and 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 Regular Army (RA) on 1 April 1983.  He was awarded military occupational specialty 94F (Hospital Food Service Specialist). Through a series of reenlistments, he continued to serve in the RA and he was promoted to sergeant/pay grade E-5.

3.  The applicant's DA Form 2-1 shows in:

	a.  item 5 (Oversea Service):

* Korea from 25 January 1985 through 7 May 1986
* Germany from 28 January 1990 through 27 January 1993
* Southwest Asia (SWA) from 5 December 1990 through 30 April 1991

	b.  item 9 (Awards, Decorations and Campaigns) does not show the Korea Defense Service Medal or the Kuwait Liberation Medal.

4.  The applicant's DD Form 214 shows he was honorably discharged on
3 February 1993.  He completed 9 years, 10 months, and 3 days of net active service during this period.

	a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (5th Award)
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Driver and Mechanic Badge

	b.  item 18 (Remarks) shows he served in SWA from 5 December 1990 to 
30 April 1991.

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Storm in the designated area on or after 2 August 1990 to 30 November 1995.  

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

    	(2)  Table B-1 contains a list of SWA Conflict campaigns and it shows that during the applicant's tour in SWA, participation credit was awarded for the following campaigns:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 - 30 November 1995)

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea (ROK).  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia, 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.

	d.  The Kuwait Liberation Medal, 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant:

   a.  served in the ROK from 25 January 1985 through 7 May 1986.  Thus, he qualified for the Korea Defense Service Medal;

   b.  served in SWA from 5 December 1990 through 30 April 1991, he qualified for award of the Southwest Asia Service Medal, and he served in three campaigns during his service in SWA.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Southwest Asia Service Medal; and

	c.  he qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).  However, his DD Form 214 shows only the "Kuwait Liberation Medal."  Thus, the DD Form 214 should be corrected to show both foreign awards.

2.  In view of the foregoing, it would be appropriate to correct the applicant's records to show his awards and decorations, as recommended below.

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:

   a.  deleting from item 13 of his DD Form 214 the:

* "Southwest Asia Service Medal Bronze Service Star - 2"
* "Kuwait Liberation Medal"
   
   b.  adding to item 13 of his DD Form 214 the:

* Southwest Asia Service Medal with 3 bronze service stars
* Korea Defense Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)



      _______ _  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)                                         AR20130014866



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ABCMR Record of Proceedings (cont)                                         AR20130014866



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