IN THE CASE OF:  	  

		BOARD DATE:  28 October 2014	  

		DOCKET NUMBER:  AR20140005538 


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 award of the Kuwait Liberation Medal-Kuwait.

2.  The applicant states he was retired from the service prior to his company being awarded the medal in 1992.

3.  The applicant provides a copy of Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Permanent Orders 180-21, dated 22 October 1990.

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 29 June 1972.

3.  Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Permanent Orders 180-21, dated 22 October 1990, show Headquarters and Headquarters Company and Companies A through D, 5th Engineer Battalion, were assigned to Dhahran Air Force Base, Saudi Arabia, on a temporary change of station effective 26 October 1990.  These orders show he was assigned to Company A.

4.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  The data base compiled by DMDC shows the applicant served in Southwest Asia from 19 October 1990 to 15 May 1991.

5.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Oversea Service) –

*	Germany from 27 November 1972 through 22 November 1976, 8 April 1979 through 26 May 1982, and 21 March 1986 through 20 March 1990
*	Saudi Arabia from 26 October 1990 through 13 April 1991

* item 9 (Awards, Decorations, and Campaigns) – 

* Army Service Ribbon
* Army Achievement Medal (2nd Award)
* Overseas Service Ribbon (3rd Award)
* Noncommissioned Officer Professional Development Ribbon (3rd Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  On 30 June 1992, the applicant retired.  His DD Form 214 does not specify the foreign nation that awarded him the Kuwait Liberation Medal or award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) or any bronze service stars with his Southwest Asia Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
	a.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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 was 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.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided established standardized policy for preparation of the DD Form 214.  It stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service for award of both the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.  However, his DD Form 214 shows only an unspecified Kuwait Liberation Medal; therefore, he is entitled to correction of his DD Form 214 to show both awards.

2.  The applicant qualified as Marksman with the M-16 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show this marksmanship badge.

3.  The applicant participated in three campaigns while serving in Saudi Arabia; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars with his award of the Southwest Asia Service Medal.

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:

	a.  deleting award of the Southwest Asia Service Medal and Kuwait Liberation Medal from his DD Form 214 and

	b.  adding the following awards to his DD Form 214:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      ___________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)                                         AR20140005538



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ABCMR Record of Proceedings (cont)                                         AR20140005538



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