BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130015693
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) by showing he is authorized the Kuwait Liberation Medal (Kuwait) but not the Kuwait Liberation Medal (Saudi Arabia).
2. The applicant states he received a DD Form 215 (Correction to the DD Form 214) showing award of the Kuwait Liberation Medal (Saudi Arabia) but he is not entitled to this medal and would like it removed from his records. He is, however, entitled to the Kuwait Liberation Medal (Kuwait).
3. The applicant provides copies of his 28 February 1995 DD Form 214, 6 July 2010 DD Form 215, and an awards fact sheet.
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, with prior enlisted active duty and Reserve service, was appointed a warrant officer on 8 October 1982.
3. He served during the Persian Gulf War from 5 June 1991 through 21 December 1991.
4. The applicant retired on 28 February 1995. His DD Form 214 lists his awards as the Meritorious Service Medal (3rd award), Army Commendation Medal (4th award), Army Achievement Medal, Good Conduct Medal (2nd award), National Defense Service Medal (2nd award), Armed Forces Reserve Medal, Noncommissioned Officer Professional Development Medal, Army Service Ribbon, Overseas Service Ribbon (2nd award), Southwest Asia Service Medal with one bronze service star, Expert Infantryman Badge, and the Parachutist Badge.
5. On 6 July 2010, the National Archives and Records Administration (NARA) issued a DD Form 215 adding the Kuwait Liberation Medal (Saudi Arabia) to his authorized awards.
6. Army Regulation 600-8-22 (Military Awards) provides the following:
a. 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.
b. 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 applicant served during the Persian Gulf War from 5 June 1991 through 21 December 1991. As such he is authorized award of the Kuwait Liberation Medal (Kuwait) but not the Kuwait Liberation Medal (Saudi Arabia).
2. It is appropriate to void the 6 July 2010 DD Form 215 and issue a new DD Form 215 to show award of the Kuwait Liberation Medal (Kuwait).
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. voiding the 6 July 2010 DD Form 215 and
b. issuing a DD Form 215 adding the 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.
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