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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140008289
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130007868
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 May 1991 to show his deployment in Southwest Asia (SWA) and the Southwest Asia Service Medal (SWASM). Therefore, his DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2013 | 20130009148
The applicant requests: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in Southwest Asia (SWA); and b. the Southwest Asia Service Medal (SWASM), National Defense Service Medal (NDSM), and Kuwait Liberation Medal (KLM) awarded by the Kingdom of Saudi Arabia (KLM-SA) be added to his DD Form 214. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service...
ARMY | BCMR | CY2013 | 20130021367
The applicant requested correction of his DD Form 214 to show he was awarded or authorized the AAM (2nd Award), SWASM with 3 bronze service stars, KLM-SA, and KLM-KU. Therefore, his DD Form 214 should be corrected to show he is authorized this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 13 of his DD Form 214 to add the following awards: * AAM-2 * SWASM with three bronze service stars *...
ARMY | BCMR | CY2014 | 20140016466
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Southwest Asia (SWA). The entry in item 27 of the applicant's DA Form 2-1 is accepted as sufficient evidence with which to correct item 18 of her DD Form 214 to show her dates of service in SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding award of the SWASM with two bronze...
ARMY | BCMR | CY2010 | 20100007393
Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWA Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. Therefore, information contained in the Desert Shield/Storm Data Base appears to be correct and is sufficient evidence to correct his records to show his service in SWA from 1 October 1990 to 15 May 1991 (7 months and 15 days). As...
ARMY | BCMR | CY2014 | 20140000281
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 September 1992 to show his deployment in Southwest Asia (SWA). The data from the DMDC is accepted as sufficient evidence in which to correct item 18 of the applicant's DD Form 214 for the period ending 18 September 1992 to show his dates of service in SWA from 6 December 1990 to 4 June 1991. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2011 | 20110015557
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM). As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by adding the SWASM with three bronze service stars, KLM-SA, and KLM-KU to item 13 of his...
ARMY | BCMR | CY2014 | 20140005029
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Southwest Asia Service Medal (SWASM) and any awards and decorations to which he may be entitled for his service in SWA. Therefore, his DD Form 214 should be corrected to show these awards. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in SWA.
ARMY | BCMR | CY2008 | 20080014230
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Kuwait Liberation Medal (KLM), the Army Good Conduct Medal (AGCM), and the Southwest Asia Service Medal (SWASM) with 3 bronze service stars. Therefore, the applicant is entitled to award of the AGCM (First Award) for the period 18 September 1987 through 17 September 1990 and to correction of his record to show this award. Therefore, he is entitled to have his...
ARMY | BCMR | CY2014 | 20140008743
The applicant requests the addition of the Southwest Asia Service Medal (SWASM) with three bronze service stars, Kuwait Liberation Medal Kuwait (KLM-K), and the Kuwait Liberation Medal Saudi Arabia (KLM-SA) to his DD Form 214 (Certificate of Release or Discharge from Active Duty). His DD Form 214 issued at the time of his discharge shows no indication of his deployment and shows he was awarded the Army Service Ribbon and the National Defense Service Medal. It provides that it is...