IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150005164 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 records to show the Meritorious Unit Commendation and the Kuwait Liberation Medal. 2. The applicant states he served in Southwest Asia with the 588th Engineer Battalion during Operations Desert Shield/Storm and recently learned of these awards. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 3 November 1988 and he held military occupational specialty (MOS) 12B (Combat Engineer). He served in a variety of assignments and attained the rank of specialist/E-4. 3. His records show he served in Southwest Asia in support of Operations Desert Shield/Desert Storm from 18 December 1990 to 20 April 1991. He was assigned to C Company, 588th Engineer Battalion. 4. He was honorably released from active duty on 2 March 1992. The DD Form 214 he was issued at the time shows he was awarded or authorized the: * Army Lapel Button * Army Service Ribbon * Good Conduct Medal (1st Award) * Kuwait Liberation Medal * National Defense Service Medal * Southwest Asia Service Medal with three bronze service stars 5. Army Regulation 600-8-22 (Military Awards) states: a. 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. 6. Headquarters, Department of the Army General Orders (GO) Number 12, issued on 13 May 1994, awarded the 588th Engineer Battalion the Meritorious Unit Commendation for service from 15 December 1990 to 18 May 1991. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Southwest Asia in support of Operations Desert Shield/Storm from 18 December 1990 to 20 April 1991. Based on this service: * his DD Form 214 lists the Kuwait Liberation Medal; however, it is unclear which country (Saudi Arabia or Kuwait) awarded this medal * he met the criteria for award of the Kuwait Liberation Medal issued by the Government of Saudi Arabia and the Kuwait Liberation Medal issued by the Government of Kuwait 2. GO awarded his unit in Southwest Asia the Meritorious Unit Commendation for a period coinciding with his service with the unit. This unit award is not listed on 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: * deleting from his DD Form 214 the Kuwait Liberation Medal * adding to his DD Form 214 the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and the Meritorious Unit Commendation _______ _ __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. https://arbaacts.hqda.ds.army.mil/Case/AR20150005164/MilitaryService/Index ABCMR Record of Proceedings (cont) AR20150005164 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005164 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1