IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140015423
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 Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).
2. The applicant states he was discharged before the award was issued and he served in the theater of operations during the qualifying period for the award.
3. The applicant provides his DD Form 214.
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 12 February 1982. After completing initial training, he was awarded military occupational specialty 54B (Chemical Operations Specialist). The highest rank/grade held while on active duty was staff sergeant/E-6.
3. His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) he was on temporary duty (TDY) for 8 months in Saudi Arabia from 14 October 1990 to 11 June 1991.
4. He was honorably discharged from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 2 July 1992. His DD Form 214 shows the:
* Army Commendation Medal
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal ( 3rd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanics Badge (Mechanic)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
5. Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards. It states:
a. 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.
b. The 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's request for correction of his DD Form 214 to show the KLM-K was carefully considered.
2. Evidence show he has a qualifying period of service for both the KLM-K and the KLM-SA. As such, it would be appropriate to add these awards to 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:
a. deleting from his DD Form 214 the KLM and
b. adding to his DD Form 214 the KLM-K and the KLM-SA.
_______ _ _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) AR20140015423
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ABCMR Record of Proceedings (cont) AR20140015423
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