IN THE CASE OF:
BOARD DATE: 14 October 2014
DOCKET NUMBER: AR20140003987
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 record to show award of the Kuwait Liberation Medal (KLM).
2. The applicant states he was unaware of the KLM until recently reading an article about it on the defense.gov website.
3. The applicant submitted his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 reenlisted in the Regular Army on 28 February 1974.
3. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Database that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 December 1994. The DMDC Desert Shield/Storm Database shows the applicant participated in-theater during the period 1 October 1990 to 15 May 1991.
4. On 31 January 1992, the applicant was honorably retired. His DD Form 214 does not show any KLM. It does show, in part, he was awarded the Southwest Asia Service Medal with two bronze service stars.
5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. It states:
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 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.
c. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, 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 are:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows he served in Southwest Asia in support of Operation Desert Shield/Desert Storm from 10 October 1990 to 15 May 1991. Therefore, is entitled to the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait. He is also entitled to wear three bronze service stars on his Southwest Asia Service Medal. Therefore, his DD Form 214 for the period ending 31 January 1992 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 to his DD Form 214 for the period ending 31 January 1992 the Kuwait Liberation Medal - Saudi Arabia, and Kuwait Liberation Medal Kuwait, and three bronze service stars for wear on his Southwest Asia Service Medal.
_____________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) AR20140003987
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