IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140012185
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 the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).
2. The applicant states he didn't know the awards were missing until the Department of Veterans Affairs (VA) pointed it out.
3. The applicant provides a DD Form 293 (Application for Review of Discharge) and a copy of page 1 of his Personnel Qualification Record-Part II.
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. During the first Gulf War the applicant, then a member of the Arizona Army National Guard, served on active duty from 17 November 1990 to 12 June 1991 as a motor transport operator in military occupational specialty (MOS) 88N20.
3. Item 13 (Decorations, Medals, etc.) of his DD Form 214 lists his authorized awards as the
* National Defense Service Medal
* Army Lapel Pin
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
4. Item 18 (Remarks) shows he served in Southwest Asia from 19 January 1990 to 16 May 1991.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia 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)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
b. 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 1991 and 28 February 1991.
c. 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:
The available evidence shows the applicant's service in Southwest Asia coincided with the Liberation and Defense of Kuwait and the Cease-Fire Campaigns. He is authorized the Southwest Asia Service Medal with two bronze service stars. He is also authorized the Kuwait Liberation Medal-(KLM-SA) and the Kuwait Liberation Medal (KLM-K). These awards should be added to his DD Form 214 for the period ending 12 June 1991.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 adding to the awards already shown on his DD Form 214 for the period ending 12 June 1991
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (KLM-SA)
* Kuwait Liberation Medal (KLM-K)
_______ _ 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) AR20140012185
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ABCMR Record of Proceedings (cont) AR20140012185
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