IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140013297
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Kuwait Liberation Medal (5th Class).
2. The applicant states he served during the first Gulf War, as evidenced by the award of the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal (Saudi Arabia). He contends he is also eligible to receive the Kuwait Liberation Medal (5th Class).
3. The applicant provides his DD Form 214 for the period ending
30 September 1992.
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. After prior enlisted service, the applicant was appointed an aviation warrant officer one in the U.S. Army Reserve (USAR) with concurrent call to active duty on 20 October 1988. He served in Southwest Asia from 15 September 1990 to 24 March 1991.
3. He was honorably released from active duty on 30 September 1992. His
DD Form 214 shows net creditable active service for that period of 3 years, 11 months and 11 days, with prior active service for 5 years, 4 months and 18 days. In item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) it shows:
* Air Medal
* Army Commendation Medal
* Army Achievement Medal (8th Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwaiti [sic] Liberation Medal
* Army Aviator Badge
4. Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards. It states:
a. The Kuwait Liberation Medal, awarded by the Government of Kuwait, 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.
b. The Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia, 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. There is no entry in the regulation that addresses the Kuwait Liberation Medal (5th Class).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Kuwait Liberation Medal (5th Class). Army Regulation 600-8-22 is void of any reference to such a medal. The only medals addressed are the Kuwait Liberation Medal awarded by the Government of Kuwait and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia. The applicant has qualifying service for both awards. His
DD Form 214 shows the award of the Kuwaiti [sic] Liberation Medal but does not identify if it was issued by Saudi Arabia or Kuwait. Because he is authorized both awards, his DD Form 214 should be corrected to show both awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. Deleting from item 13 of the applicant's DD Form 214 for the period ending 30 September 1992 the Kuwaiti Liberation Medal.
b. Adding to item 13 of the applicant's DD Form 214 for the period ending 30 September 1992 the following:
* Kuwait Liberation Medal (Government of Kuwait)
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to the Kuwait Liberation Medal (5th Class).
_______ _ 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) AR20140013297
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ABCMR Record of Proceedings (cont) AR20140013297
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