IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140013805
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 the Kuwait Liberation Medal Kuwait be added to his authorized awards.
2. The applicant states the Kuwait Liberation Medal Kuwait was authorized after his date of release from active duty but was made retroactive to include his period of service. He has received the Kuwait Liberation Medal Saudi Arabia but until recently did not know there were two Kuwait Liberation Medals.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DD Form 215 (Correction to DD Form 214), and his discharge orders.
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, an Army National Guard (ARNG) specialist, was called to active duty in support of Operation Desert Shield/Desert Storm. He served on active duty from 21 November 1990 through 15 June 1991 with service in the area of operations from 10 January 1991 through 15 May 1991.
3. His 15 June 1991 DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Army Lapel Button, and the Army Achievement Medal.
4. On 4 August 1992, the North Carolina ARNG issued the applicant a DD Form 215 adding the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal - Saudi Arabia.
5. Army Regulation 600-8-22 (Military Awards) 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:
The applicant served in the Persian Gulf War during the period for which the KLM-K was authorized. It would be appropriate to add this medal to his authorized awards on his DD Form 214.
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
showing that in addition to the awards shown on the DD Form 214 and DD Form 215, the applicant is also authorized the 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) AR20140013805
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013805
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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