IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140019945
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 award of the National Defense Service Medal, Southwest Asia Service Medal, Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA).
2. He states that he is eligible for these awards because his DD Form 214 shows he served in Southwest Asia from 12 November 1990 to 26 April 1991.
3. He provides a copy of his DD Form 214 for the period ending 29 May 1991.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the U.S. Army Reserve on 23 October 1985. He held military occupational specialty 88M (Motor Transport Operator). He last entered active duty on 17 September 1990.
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
a. item 5 (Oversea Service), he served in Saudi Arabia from 12 November 1990 through 26 April 1991 and
b. item 9 (Awards, Decorations and Campaigns), the Army Service Ribbon, National Defense Service Medal, Driver and Mechanic Badge, and Southwest Asia Service Medal with two bronze service stars.
4. He was released from active duty on 29 May 1991. He had completed 8 months and 13 days of active duty service during the period covered by the
DD Form 214 and a total of 3 years, 7 months, and 19 days of active duty service. His DD Form 214 shows in:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), Army Service Ribbon, National Defense Service Medal, Driver and Mechanic Badge, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and
b. item 18 (Remarks), in part: "SERVICE IN SWA 12 NOV 1990 TO 26 APR 1991."
5. Army Regulation 600-8-22 (Military Awards) states the:
a. 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)
* Southwest Cease-Fire (12 April 1991 to 30 November 1995)
b. 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. KLM-KU 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 National Defense Service Medal is currently listed on his DD Form 214.
2. His record shows he is authorized three bronze service stars for his already-awarded Southwest Asia Service Medal.
3. The available evidence shows the applicant served a qualifying period of service for award of the KLM-SA and the KLM-KU.
4. His DD Form 214 should be corrected to show these awards.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 to show the KLM-SA, KLM-KU, and the Southwest Asia Service Medal with three bronze service stars.
____________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) AR20110011043
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140019945
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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