IN THE CASE OF:
BOARD DATE:1 July 2014
DOCKET NUMBER: AR20130019913
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 his awards for service in the first Gulf War. (His mother is his legal guardian and the guardianship papers are attached; however, the applicant signed the request.)
2. The applicant states he deployed with the 1st Infantry Division in December 1990 to liberate Kuwait. In early February 1991, he had a severe reaction to medication and his respiratory system shut down almost killing him. He was medically evacuated and never received his awards for participation in the conflict.
3. The applicant provides copies of his:
* Medical Progress Notes from a hospital in Saudi Arabia
* orders relieving him from attachment to the Landstuhl Army Regional Medical Center, Germany
* Temporary Disability Retirement List (TDRL) orders
* DD Form 214
* court order appointing his mother as his guardian
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records to excuse an applicants 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 applicants 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 on 7 January 1988. He held military occupational specialty (MOS) 19K (M-1 Armor Crewman).
3. His name is listed on the Gulf War Roster showing he served in Saudi Arabia/Kuwait from 31 December 1990 to 15 July 1991.
4. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 5 (Oversea Service):
(1) 11 February 1986 through 12 February 1990 Germany;
(2) 31 December 1990 through 18 March 1991 Saudi Arabia;
b. item 9 (Awards, Decorations and Campaigns ) the:
* Army Service Ribbon
* Driver's Badge (T)
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* First Class Marksmanship Qualification Badge with Grenade Bar
5. The applicant was placed on the TDRL effective 26 July 1991 as a specialist (SPC)/E-4. He had completed 3 years, 6 months, and 20 days of net active duty service.
6. His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):
* Army Service Ribbon
* Overseas service Ribbon
* Driver's Badge
* Army Good Conduct Medal
* National Defense Service Medal
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* First Class Marksmanship Qualification Badge with Grenade Bar
7. He provides copies of:
a. Medical Progress Notes from a hospital in Saudi Arabia showing he was treated on 12 and 17 February 1991. Although he received "Prayers for the Dying" from a chaplain, a neurosurgery consult shows he was not brain dead.
b. 27 February 1991 orders relieving him from attachment to the Landstuhl Army Regional Medical Center in Germany and attaching him to Fitzsimons Army Medical Center in Colorado.
c. 5 July 1991 orders showing he was placed on the TDRL effective 27 July 1991 with 100% disability.
8. 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/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns include the:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
b. The Kuwait Liberation Medal (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and it is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.
c. The Kuwait Liberation Medal (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and it 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. He served during a qualifying period for award of the Southwest Asia Service Medal with 2 bronze service stars, the KLM-SA, and the KLM-KU.
2. These awards should be shown on his DD Form 214.
BOARD VOTE:
____x___ ___x____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to item 13 of his DD Form 214 the:
* Southwest Asia Service Medal with 2 bronze service stars
* 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) AR20110005669
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019913
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