IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140015504 


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 all awards he is authorized.

2.  He states, in effect, he should be entitled to a "Kuwait Medal" and awards for Operation Enduring Freedom and Operation Desert Thunder.  

3.  He provides a Certificate of Achievement.

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.  On 5 January 1998, the applicant enlisted in the Regular Army.  He completed initial training and was awarded military occupational specialty 19K (M1 Armor Crewman).   
3.  On 4 January 2001, he was honorably released from active duty.  The DD Form 214 issued at that time shows in:

* item 12f (Foreign Service) – 4 months and 6 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Superior Unit Award
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Army Lapel Button
* Expert Badge (Grenade)
* Sharpshooter Marksmanship Qualification Badge (Pistol)

4.  Records maintained by Defense Finance and Accounting Service (DFAS) show he received hostile fire/imminent danger pay and the combat-zone tax exclusion for Kuwait from 20 August 1998 through 30 December 1998.

5.  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.

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Table 2-4 of this regulation shows that Operation Desert Thunder (Southwest Asia) was a designated military operation for the period 11 November to 22 December 1998.

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service, taken from the enlisted record brief performed during the period covered by the DD Form 214 will be entered in item 12f.  It further provides that for item 18 (Remarks), for an active duty Soldier deployed with his unit during his continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his DD Form 214 to show he served in Kuwait; however, it does not support his request for additional awards.

2.  Although the applicant served in Kuwait, he is not entitled to the KLM-SA or the KLM-K based on his period of service from August 1998 to December 1998. 

3.  The evidence shows he served during a qualifying period for which he was authorized the Armed Forces Expeditionary Medal, for Operation Desert Thunder.  However, his DD Form 214 already shows this medal and there is no evidence that he is authorized more than one award of this medal.

4.  The DFAS record shows the specific dates of his service in Kuwait; therefore, it would be appropriate to add a statement documenting his deployments in item 18 of his DD Form 214 to show he served in Kuwait from 20 August 1998 to 
30 December 1998.

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 amending the applicant's DD Form 214 with a separation date of 4 January 2001 by adding to item 18, "SERVICE IN KUWAIT FROM 20 AUGUST 1998 TO 30 DECEMBER 1998."
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 any additional decorations.




      _______ _   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)                                         AR20120014038



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ABCMR Record of Proceedings (cont)                                         AR20140015504



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