BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140006647
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 award of the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).
2. The applicant states the award did not exist at the time of his discharge. He meets the criteria for the award.
3. The applicant provides copies of his DD Form 214, DD Form 215 (Correction to DD Form 214), and descriptions of the KLM-KU and the KLM awarded by the Kingdom of Saudi Arabia (KLM-SA).
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 29 September 1988. He held military occupational specialty 13B (Cannon Crewmember).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
a. item 6 (Oversea Service), in part, he served in Saudi Arabia from
28 December 1990 through 1 May 1991; and
b. item 9 (Awards, Decorations and Campaigns), the Army Service Ribbon, National Defense Service Medal, Army Achievement Medal (2nd Award), Army Commendation Medal, Overseas Service Ribbon, Southwest Asia Service Medal with two bronze service stars, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. He was honorably discharged effective 31 October 1991, after completing 3 years, 1 month, and 2 days of active duty service. His DD Form 214, as corrected by a DD Form 215, shows in:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Good Conduct Medal, Army Service Ribbon, National Defense Service Medal, Army Achievement Medal (2nd Award), Army Commendation Medal, Overseas Service Ribbon, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal, Overseas Service Bar, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar; and
b. item 18 (Remarks), in part: "SERVED IN SWA FROM 901220-910804."
5. Army Regulation 600-8-22 (Military Awards) states the:
a. 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.
b. KLM-KU 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 available evidence shows the applicant served a qualifying period of service for award of the KLM-SA and the KLM-KU. His DD Form 214 should be corrected to show these awards.
2. His DD Form 215 shows he was awarded the Kuwait Liberation Medal. To provide clarity, it would be appropriate to delete the Kuwait Liberation Medal and add both the KLM-SA and the KLM-KU.
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 deleting the Kuwait Liberation Medal from his DD Form 214 and adding the
KLM-SA and the KLM-KU to his list of authorized awards.
_________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) AR20110011043
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ABCMR Record of Proceedings (cont) AR20140006647
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