IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002048
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) for the period ending on 31 March 1995 to show the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) and the Korea Defense Service Medal (KDSM).
2. He states he has earned the KDSM and the KLM-KU and believes these awards should be added to his DD Form 214.
3. He provides:
* DD Forms 214
* NGB Form 22 (Report of Separation and Record of Service)
* Two Certificates of Training
* U.S. Army Safety Award Certificate
* Orders 216-01, dated 20 October 1989
* Internet article on the KDSM
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's record shows he enlisted in the Regular Army (RA) on 7 April 1987. He was honorably released from active duty on 21 November 1991 and credited with completing 4 years, 7 months, and 15 days of active duty service.
3. On 22 November 1991, he enlisted in the Army National Guard (ARNG). He served 2 years, 3 months, and 18 days in the ARNG and was honorably discharged on 9 March 1994, for immediate enlistment in the RA which was accomplished the following day.
4. His DD Form 214 shows he was honorably discharged from the RA on
31 March 1995 and credited with 1 year and 31 days of active duty service this period. It also shows the:
* Army Lapel Button
* Army Achievement Medal (5th Award)
* Valorous Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Southwest Asia Service Medal (SWASM) with two bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar
5. He provided:
a. Two Certificates of Training that show he successfully completed introduction in rappelling and mountaineering at the Cheju-Do Training Center, 19th Support Command from 7 to 14 August 1989.
b. A U.S. Army Safety Award Certificate that shows he received this certificate for outstanding safety performance for eight months of incident-free driving in the Republic of Korea from 28 February to 20 October 1989.
c. Permanent Orders 216-01, dated 20 October 1989, that show he was awarded the Driver Badge for the period 28 February to 20 October 1989. The standard name line lists his unit as Company C, 102d Military Intelligence Battalion, Army Post Office SF 96224.
6. The Gulf War roster shows he served in Southwest Asia from 1 September 1990 to 28 March 1991.
7. Army Regulation 600-8-22 (Military Awards) states:
a. The KLM-KU 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.
b. The KLM 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.
c. The KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The certificates and orders he provided confirm that he was assigned to Korea from 28 February to 20 October 1989. Therefore, it appears that he met the qualifications for award of the KDSM.
2. The Gulf War roster verifies that he served in the Gulf War from 1 September 1990 to 28 March 1991. Additionally, his DD Form 214 shows he was awarded the SWASM. His service in Southwest Asia indicates that he met the qualifications for award of the KLM-KU and the KLM-SA.
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 adding to his DD Form 214 for the period ending on 31 March 1995 the:
* KLM-KU
* KLM-SA
* KDSM
_______ _ _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.
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