IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004938
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the awards of the Humanitarian Service Medal (HSM), Meritorious Unit Commendation (MUC), Kuwait Liberation Medal for Kuwait (KLM-K), and the Korea Defense Service Medal (KDSM).
2. The applicant states, in effect, that he deployed to Kuwait during Operation Desert Storm, to Haiti during Operation Uphold/Restore Democracy, and served two tours in Korea.
3. The applicant provides a page from Appendix C of Army Regulation 600-8-22 (Military Awards), a copy of General Order 1 awarding his unit the MUC, and a copy of 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 Regular Army on 9 September 1987. He completed his one-station unit training as a heavy anti-armor weapons infantryman at Fort Benning, Georgia and was transferred to Korea on
13 January 1988.
3. He departed Korea on 11 January 1989 for assignment to Fort Campbell, Kentucky. He was assigned to Company D, 1st Battalion, 187th Infantry Regiment. He deployed to Southwest Asia in support of Operation Desert Shield/Storm during the period 19900911 19910409.
4. He was transferred back to Korea and served from 6 July 1993 to 5 July 1994 and was transferred to Fort Drum, New York for assignment to the 2nd Battalion, 14th Infantry Regiment. He was deployed to Haiti during the period 19940921 19941108.
5. On 13 August 1995, he was honorably discharged due to completion of required service. He had served 7 years, 11 months, and 5 days of active service. His DD Form 214 shows that among his many awards is the award of the Kuwait Liberation Medal and none of the others requested.
6. Army Regulation 600-8-22 states 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 600-8-22 states the Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature. A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation. Table C-1 of Army Regulation 600-8-22 shows Operation Uphold/Restore Democracy (10 September 1994 to 31 March 1995 in Haiti was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.
8. Army Regulation 600-8-22 states 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.
9. Army Regulation 600-8-22 states 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.
10. Headquarters, Department of the Army General Orders Number 1 awarded the applicants unit the MUC for the period 12 September 1990 to 8 April 1991.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to have merit.
2. The applicant served during qualifying periods for awards of the KDSM, HSM, KLM-SA, KLM-K, and his unit was awarded the MUC.
3. Accordingly, those awards should be added to his DD Form 214 at this time.
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 the award of the Kuwait Liberation Medal from his DD Form 214
* Adding the awards of the KDSM, HSM, KLM-SA, KLM-K, and the MUC to his DD Form 214
_______ _ _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) AR20140004938
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ABCMR Record of Proceedings (cont) AR20140004938
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