BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018200 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ _____x___ _____x_ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018200 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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: 1 August 2018 DOCKET NUMBER: AR20160018200 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: * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) * Southwest Asia Service Medal 2. The applicant states he never received the awards before his discharge. He was either unaware of his eligibility for these awards at time of discharge or they were awarded after his discharge. He was only recently made aware of his eligibility for these awards. 3. The applicant provides no evidence. 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 (RA) on 6 July 1983. He completed training and was awarded military occupational specialty 45B (Small Arms Repairer). He was honorably released from active duty on 5 July 1987 and was transferred to a Reserve unit. 3. He reenlisted in the RA on 30 September 1987. 4. His DA Form 2-1 (Personnel Qualification Record) shows in – * Item 5 (Oversea Service) – Service in Saudi Arabia from 2 October 1990 to 20 December 1991 was lined-through * Item 27 (Remarks) – Duty In Imminent Danger Pay Area (Southwest Asia 2 October 1990 to 20 December 1991 was lined-through * Item 9 (Awards, Decorations and Campaigns) – the Southwest Asia Service Medal with two bronze service stars was lined-through 5. He was honorably discharged on 15 June 1992, by reason of physical disability. His DD Form 214 shows he completed 4 years, 8 months, and 15 days of net active service that included 3 years, 2 months, and 15 days of foreign service. His DD Form 214 does not list the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Southwest Asia Service Medal. 6. His name is not list on the Gulf War Operations Desert Shield/Storm Data Base Roster. REFERENCE: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. The Kuwait Liberation Medal (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. b. The Kuwait Liberation Medal (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. c. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and its contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal 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) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) DISCUSSION: The applicant's DA Form 2-1 shows the entries for his Southwest Asia were line- through to indicate he was not deployed there. There is no evidence of record and he provided none confirming he completed a qualifying period of service for award of the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Southwest Asia Service Medal and their addition to 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) AR20160018200 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018200 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2