IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20150000626
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his awards of the Combat Infantryman Badge (CIB), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Army Commendation Medal (ARCOM).
2. The applicant states that his DD Form 214 does not contain his awards of the CIB, KLM-SA and ARCOM.
3. The applicant provides copies of orders awarding him the CIB and his DD Forms 214 and 215.
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 23 October 1986 for a period of 3 years under the airborne enlistment option. He completed his one-station unit training as an infantryman and airborne training at Fort Benning, Georgia and was transferred to Panama for his first duty assignment on 23 March 1987.
3. He completed his tour in Panama on 19 June 1989 and was transferred to Fort Campbell, Kentucky. He deployed to Southwest Asia during the period 19900911 19910405.
4. On 5 July 1991, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 4 years, 8 months and 13 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal, Overseas Service Ribbon, Army Service Ribbon, National Defense Service Medal, Parachutist Badge, Panamanian Parachutist Badge, Air Assault Badge, Southwest Asia Service Medal with two bronze service stars, the Noncommissioned Officer Professional Development Ribbon, and the Kuwait liberation Medal.
5. Permanent Orders Number 116-004 issued by Headquarters, 101st Airborne Division on 26 April 1991 awarded the applicant the CIB.
6. A review of his official records failed to show any evidence of the applicant being awarded the ARCOM.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Army Regulation 600-8-22 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:
1. The applicant was awarded the CIB and is entitled to have that award added to his DD Form 214.
2. The applicant served during qualifying periods for awards of the KLM-K and KLM-SA and is entitled to have those awards added to his DD Form 214 as well.
3. However, the applicant has not provided and his records do not contain evidence to show he was awarded the ARCOM. Therefore, in the absence of such evidence, there appears to be no basis to add the ARCOM to his DD Form 214.
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 deleting the award of the Kuwait Liberation Medal from item 5 of his DD Form 215 and adding the awards of the CIB, KLM-K and KLM-SA.
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 adding the award of the ARCOM to his DD Form 214.
_______ _ 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) AR20150000626
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