IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20140020779
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 the Kuwait Liberation Medal (Kuwait).
2. The applicant states he was awarded the Kuwait Liberation Medal (Saudi Arabia) but found out that a second award is authorized, the Kuwait Liberation Medal (Kuwait) was approved in 1995. He got out of the Army in 1993.
3. The applicant provides his DD Form 214 and an internet printout of the Kuwait Liberation Medal (Kuwait).
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 9 August 1990 and he held military occupational specialty 19D (Cavalry Scout). He served in a variety of assignments and he attained the rank of specialist/E-4.
3. His record shows he served in Southwest Asia in support of Operations Desert Shield/Desert Storm. However, his exact dates of service are unknown.
4. He was honorably released from active duty on 23 November 1993 by reason of non-retention on active duty. He completed 3 years, 3 months, and 15 days of creditable active service, of which 9 months and 28 days was foreign service. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* Army Lapel Button
* Army Commendation Medal
* Army Service Ribbon
* Kuwait Liberation Medal
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol and Rifle Bars
5. Army Regulation 600-8-22 (Military Awards) states:
a. The 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)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
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. 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's dates of service in Southwest Asia are unknown, the fact that he was awarded the Southwest Asia Service Medal with three bronze service stars indicates he was eligible for both awards of the Kuwait Liberation Medal.
2. Although his DD Form 214 lists the Kuwait Liberation Medal, it does not identify which country awarded this medal. As a matter of clarity, this award should be deleted and he should have his DD Form 214 corrected to show both awards of the Kuwait Liberation Medal.
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 deleting from his DD Form 214 the Kuwait Liberation Medal and adding the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).
_______ _ __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) AR20140020779
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ABCMR Record of Proceedings (cont) AR20140020779
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