IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005041 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: 19 December 2017 DOCKET NUMBER: AR20160005041 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 for the period ending 6 September 1993 by: a. deleting the Kuwait Liberation Medal and adding the Joint Service Achievement Medal, Kuwait Liberation Medal (Kingdom of Saudi Arabia), and Kuwait Liberation Medal (Government of Kuwait); and b. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19900919-19910411." ___________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: 19 December 2017 DOCKET NUMBER: AR20160005041 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 he was awarded or authorized the Joint Service Achievement Medal (JSAM) and the Kuwait Liberation Medal (Government of Kuwait) (KLM-KU). 2. The applicant states these medals were awarded or authorized after he was discharged and would like them recorded on his DD Form 214 to accurately depict his service. 3. The applicant provides his DD Form 214 for the period ending 6 September 1993 and Permanent Orders 160-13, issued by Military Personnel Service Center, Army Pentagon, on 16 November 1993 (with accompanying citation). 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 September 1989. Upon completion of initial training, he was awarded military occupational specialty 93P (Flight Operations Coordinator). 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he deployed to Southwest Asia in support of Operations Desert Shield and Desert Storm from on or about 19 September 1990 through on or about 11 April 1991. 4. Permanent Orders160-13, issued by Military Personnel Service Center, Army Pentagon, on 16 November 1993, awarded the applicant the JSAM for meritorious service during the period 20 July 1992 to 17 July 1993. 5. The applicant was honorably released from active duty on 6 September 1993. His DD Form 214 shows in: a. Item 12f (Foreign Service), the entry. "01 06 24," indicating he was credited with 1 year, 6 months, and 24 days of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized, among other awards, the Kuwait Liberation Medal and the Southwest Asia Service Medal with two bronze service stars. It does not show he was awarded the JSAM. c. Item 18 (Remarks), the absence of any entries that indicate he participated in any named operations or campaigns (e.g., Operations Desert Shield and/or Desert Storm). 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 issued by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and was 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-KU was approved on 9 November 1995 and was 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, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate. Chapter 2 contains specific guidance for preparation of the DD Form 214. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; b. item 13, was used to document the decorations, medals, badges, citations and campaign ribbons awarded or authorized; and c. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. Permanent orders awarded the applicant the JSAM during his period of active military service. However, his DD Form 214 does not show this award. 2. The applicant's record shows he deployed to Southwest Asia, in support of Operations Desert Shield and Desert Storm, during the period 19 September 1990 through 11 April 1991. His service in Southwest Asia was within the regulatory timeframe for the authorization of the KLM-SA and KLM-KU. His DD Form 214 indicates he was authorized the Kuwait Liberation Medal; however, it does not clearly delineate which award of the Kuwait Liberation Medal he was previously authorized. 3. The applicant's deployed foreign service is not shown in item 18 of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005041 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005041 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2