BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018249 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 BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018249 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1992 by adding in: a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Kuwait Liberation Medal (Kingdom of Saudi Arabia) and the Kuwait Liberation Medal (Government of Kuwait); and b. item 18 (Remarks) the entry "SERVICE IN SOUTHWEST ASIA FROM 19900823 – 19910325." ______________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. BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018249 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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia during Operations Desert Shield and Desert Storm and that he be awarded the Kuwait Liberation Medal. 2. The applicant states, in effect, his DD Form 214 does not reflect his participation in Operations Desert Shield and Desert Storm and does not indicate he was awarded the Kuwait Liberation Medal. 3. The applicant provides a copy of DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel), dated 16 August 1990. 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. Following a break in service, the applicant enlisted in the Regular Army on 17 May 1985. He completed training and was awarded military occupational specialty (MOS) 13M (Multiple Launch Rocket System (MLRS) Crewmember). 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. Item 5 (Oversea Service), he served in Southwest Asia from 23 August 1990 through 25 March 1991, a period of 7 months and 3 days. b. Item 9 (Awards, Decorations & Campaigns), he was awarded or authorized the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal (Kingdom of Saudi Arabia) 4. The applicant was honorably released from active duty on 31 January 1992. The DD Form 214 he was issued shows he completed 6 years, 8 months, and 14 days of net active service during this period of enlistment. His DD Form 214 shows in: a. Item 12f (Record of Service – Foreign Service), the entry "00 07 03," indicating he served 7 months and 3 days of foreign service during this period of active service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the Southwest Asia Service Medal with two bronze service stars for service during this period. c. Item 18 (Remarks), the absence of any recorded entries that indicate he participated in any named operations or campaigns (e.g. Operations Desert Shield and Desert Storm). 5. The Operations Desert Shield/Desert Storm Database, compiled by the Defense Manpower Data Center, is the primary file that contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. The database shows the applicant was deployed to Southwest Asia from 1 October 1990 through 27 March 1991. It further shows he was assigned to unit identification code (WAQBAA) which is identified as Battery A, 13th Field Artillery Regiment (MLRS), Fort Stewart, GA. 6. The applicant provides a DD Form 1610 that shows he was placed on temporary duty (TDY) orders from Fort Sill, Ok to Fort Stewart, GA for the purpose of participating in Operation Desert Shield, with a report date of 19 August 1990. It further noted the TDY status would terminate upon arrival at the gaining station. 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 (KLM-SA), 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 and 28 February 1991. b. The Kuwait Liberation Medal (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. 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. This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Table 2-1 provided instruction pertaining to the completion of the DD Form 214. a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) was used to document the decorations, medals, badges, citations and campaign ribbons awarded or authorized. b. Item 18 (Remarks) was used to document the remarks that were pertinent to the proper accounting of the separating Soldier's period of service. For active duty Soldiers who deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" would be included when the DD Form 214 was prepared. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his foreign service in Southwest Asia, and the appropriate awards and decorations, was carefully considered. 2. The evidence of record shows the applicant served in Southwest Asia from on or about 23 August 1990 through 25 March 1991, a period of 7 months and 3 days. This period of foreign service is properly annotated in item 12f on his DD Form 214. 3. The applicant's foreign service in Southwest Asia was within the regulatory timeframe for award of the Kuwait Liberation Medal (Kingdom of Saudi Arabia) (KLM-SA) and the Kuwait Liberation Medal (Government of Kuwait) (KLM-KU); however, these foreign awards are not listed on his DD Form 214. 4. Item 18 of the applicant's DD Form 214 does not contain an entry that documents his service in Southwest Asia from 23 August 1990 through 25 March 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) AR20150018249 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018249 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2