IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015803 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015803 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. deleting award of the Kuwait Liberation Medal from his DD Form 214, b. adding the following awards to his DD Form 214: * Combat Infantryman Badge * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait c. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910205-19910512" to item 18 of 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. IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015803 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 award of the Combat Infantryman Badge (CIB). 2. The applicant states this award is not shown on his DD Form 214. 3. The applicant provides: * CIB orders * DD Form 214 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 28 August 1990 and trained as a fighting vehicle infantryman. 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Saudi Arabia from 5 February 1991 through 12 May 1991. 4. Headquarters, 1st Infantry Division (Mechanized), Permanent Orders 30-06, dated 22 April 1991, awarded him the CIB for the period 24 February 1991 to 28 February 1991. 5. On 15 February 1995, he was honorably released from active duty. 6. His DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * National Defense Service Medal * Army Achievement Medal with First Oak Leaf Cluster * Driver and Mechanic Badge with Driver-W Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal 7. His DD Form 214 does not show any deployments in item 18 (Remarks). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Kuwait Liberation Medal-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. b. The Kuwait Liberation Medal-Kuwait (KLM-KU) 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, stated enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. Orders show the applicant was awarded the CIB. His DD Form 214 does not show this badge. 2. The evidence shows he served in Southwest Asia from 5 February 1991 to 12 May 1991. His DD Form 214 shows the Kuwait Liberation Medal as an authorized award, but it does not specify whether it is the KLM-SA or KLM-KU. Based on his Southwest Asia service, he is authorized award of the KLM-SA and KLM-KU. His DD Form 214 does not show these medals. 3. As a related issue, the entry in his DA Form 2-1 which shows his dates of service in Saudi Arabia supports correction of item 18 of his DD Form 214 to show he served in Southwest Asia from 5 February 1991 to 12 May 1991. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015803 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015803 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2