IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140011627
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Kuwait Liberation Medals and Meritorious Unit Commendation (MUC).
2. The applicant states he earned the above awards and they were omitted from his DD Form 214.
3. The applicant provides copies of his DD Form 214 and General Orders Number 12.
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 was serving in the U.S. Army Reserve (USAR) when he was ordered to active duty in support of Operation Desert Shield/Storm on
12 September 1990.
3. He deployed to Southwest Asia (SWA) with the 442nd Service Company during the period 901023- 910413 and was honorably released from active duty (REFRAD) on 14 May 1991. The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the Army Service Ribbon, Driver Badge, Noncommissioned Officer Professional Development Ribbon, Army Reserve Components Overseas Training Ribbon (2nd Award), Army Reserve Components Achievement Medal (1OLC), and National Defense Service Medal.
4. On 24 March 1992, A DD Form 215 (Correction to DD Form 214) was issued which added the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal.
5. On 13 May 1994, General orders Number 12, issued by Headquarters, Department of the Army awarded the MUC to the 442nd Service Company for the period 24 October 1990 to 13 April 1991.
6. Army Regulation 600-8-22 (Military Awards) 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 and
28 February 1991.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during qualifying periods for awards of the KLM-SA and the KLM-K and is entitled to have those awards added to his DD Form 214.
2. His unit was also awarded the MUC during the period he served with the unit and he is entitled to have that award 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:
1. 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 Kuwait Liberation Medal from his DD Form 214
* Adding the awards of the MUC, KLM-SA and KLM-K to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140011627
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ABCMR Record of Proceedings (cont) AR20140011627
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