IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150000740
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 add the Air Assault Badge and Kuwait Liberation Medal (KLM).
2. The applicant states:
a. he graduated from the Air Assault Course; and
b. he served in Desert Storm where he helped to liberate Kuwait; however, the KLM was not authorized and accepted for wear until after he was discharged from the Army.
3. The applicant provides:
* Certificate of Training
* DD Form 214 (2 copies)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show he enlisted in the Regular Army on
1 December 1988. He was trained in and awarded military occupational specialty 94B (Food Service Specialist).
3. His DA Form 2-1 (Personnel Qualification Record) includes an entry in item 5 (Oversea Service) which shows he served in Saudi Arabia from 23 December 1990 to 3 May 1991.
4. His Official Military Personnel File (OMPF) contains Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Orders Number 043-015, dated 12 February 1992. It announced the applicants award of the Air Assault Badge.
5. On 2 October 1992, the applicant was honorably released from active duty after completing 3 years, 10 months, and 2 days of creditable active service. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to him at this time shows the Saudi Arabia KLM (KLM-SA) among the awards listed. The Air Assault Badge is not listed on this document.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 9-14 contains guidance for award of the KLM-SA. It states this medal is authorized to members for service in support of Operation Desert Storm in Southwest Asia (SWA) during the period 17 January to 28 February 1991.
7. Paragraph 9-15 of Army Regulation 600-8-22 contains guidance for award of the KLM-Kuwait (KLM-KU). It states this medal is authorized for service in support of Operations Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The available evidence includes official orders announcing the applicants award of the Air Assault Badge and this award is not currently listed on his DD Form 214. Accordingly, this award should be added to this DD Form 214.
2. The available evidence also shows the applicant served in SWA in support of Operation Desert Storm from 23 December 1990 through 3 May 1991. This service qualifies him for both the KLM-SA and KLM-KU. The KLM-SA is already listed. Therefore, the KLM-KU should be added 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
amending his DD Form 214 by adding the Kuwait Liberation Medal (Kuwait) and the Air Assault Badge.
___________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) AR20150000740
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ABCMR Record of Proceedings (cont) AR20150000740
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