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ARMY | BCMR | CY2014 | 20140008289
Original file (20140008289.txt) Auto-classification: Approved

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140008289 


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 he needs the KLM-KU added to his DD Form 214.  This award was not issued until after he was discharged.

3.  The applicant provides a Headquarters, 30th Engineer Battalion (Topographic) (Airborne), memorandum, dated 24 June 1991, subject:  Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS) and Overseas Service Bars.

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 8 October 1985 and trained as a terrain analyst and Vulcan crewmember.  He was released from active duty on 1 May 1992.

3.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Army Lapel Button 
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon
* Army Good Conduct Medal
* Army Achievement Medal
* Kuwait Liberation Medal
* Southwest Asia Service Medal (SWASM) with two bronze service stars

4.  Item 18 (Remarks) shows he served in Southwest Asia (SWA) from 4 December 1990 to 19 April 1991.

5.  He provided a Headquarters, 30th Engineer Battalion (Topographic) (Airborne), memorandum, dated 24 June 1991, subject:  SSI-FWTS and Overseas Service Bars, which states he is authorized to wear the SSI-FWTS for participating in Operation Desert Storm in SWA from 4 December 1990 to 19 April 1991.

6.  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 (KLM-SA) 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 KLM-KU 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.

	c.  The SWASM is awarded to members of the Armed Forces of the United States serving in SWA 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 Cease-Fire (12 April 1991 to 30 November 1995)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows the KLM as an authorized award, but it does not specify whether it is the KLM-SA or KLM-KU.

2.  Based on the applicant's service in SWA from 4 December 1990 to 19 April 1991, he is authorized award of the KLM-SA and KLM-KU.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His DD Form 214 shows the SWASM with two bronze service stars.  However, he is eligible for three bronze service stars based on his service in SWA.  Therefore, his DD Form 214 should be corrected to show the SWASM with three bronze service stars.  

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 the KLM and SWASM with two bronze service stars from his DD Form 214; and







	b.  adding award of the KLM-KU, KLM-SA, and SWASM with three bronze service stars 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)                                         AR20140008289



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ABCMR Record of Proceedings (cont)                                         AR20140008289



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