IN THE CASE OF: BOARD DATE: 9 DECEMBER 2016 DOCKET NUMBER: AR20160001644 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 9 DECEMBER 2016 DOCKET NUMBER: AR20160001644 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 the Kuwait Liberation Medal (KLM). 2. The applicant states he believes he is authorized additional awards based on his service in support of Operations Desert Shield and Desert Storm. He contends certain awards were authorized after he was separated from the Army. 3. The applicant provides a copy of his 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 7 March 1986. 3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in items 5 (Oversea Service) and 27 (Remarks) he served in Southwest Asia (SWA) from 8 December 1990 to 10 May 1991. His DA Form 2-1 also shows he was assigned to Headquarters and Headquarters Detachment (HHD), 4th Transportation Battalion, beginning on 20 December 1988. 4. The applicant was released from active duty on 28 January 1992. His DD Form 214 shows in: a. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - * Army Commendation Medal * Army Achievement Medal (3rd 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 b. Block 14 (Military Education), he completed the Primary Leadership Development Course (PLDC) in September 1990; and c. Block 18 (Remarks), no entry regarding his service in SWA. 5. A history of the 4th Transportation Battalion published on an Army website shows the unit deployed to SWA on 4 December 1990. 6. HHD, 4th Transportation Battalion was awarded the Meritorious Unit Commendation (MUC) for service during the period 5 December 1990 to 9 May 1991, by Department of the Army General Orders 1994-27, dated December 1994. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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 and 28 February 1991. b. The KLM awarded by the Government of Kuwait (KLM-K) 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. c. The Noncommissioned Officer (NCO) Professional Development Ribbon (NCOPDR) was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCO Education System successfully completed as follows: * 1 = Bar Ribbon Device = Primary Level * 2 = Basic Level * 3 = Advanced Level * 4 = Senior Level d. A bronze service star is authorized for wear on the SWASM for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease Fire (12 April 1991 to 30 November 1995) 2. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for preparation of the DD Form 214 and stated that in block 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in block 18. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show the KLM. 2. The applicant's DA Form 2-1 contains two separate entries that indicate he served in SWA from 8 December 1990 to 10 May 1991. The dates of service in SWA shown on his DA Form 2-1 should be used to document his deployment to SWA in block 18 of his DD Form 214. 3. Based on his service in SWA from 8 December 1990 to 10 May 1991, he is authorized the KLM-SA and KLM-K. These foreign awards are not shown on his DD Form 214. 4. His DD Form 214 shows he was awarded the SWASM with two bronze service stars; however, he participated in three campaigns during his service in SWA. He is authorized three bronze service stars for wear on his SWASM. 5. The evidence shows the applicant complete PLDC in September 1990; however, the NCOPDR is not shown on his DD Form 214. 6. His unit of assignment during Operations Desert Shield and Desert Storm was awarded the MUC for service during the period 5 December 1990 to 9 May 1991. This unit award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160001644 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001644 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2