BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170004915 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: 24 October 2018 DOCKET NUMBER: AR20170004915 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 the entry Kuwait Liberation Medal from his DD Form 214 and b. adding the Kuwait Liberation Medal – Saudi Arabia and Kuwait Liberation Medal – Kuwait to 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. BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170004915 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 – Kuwait (KLM-K). 2. The applicant states, in effect, the award was approved after his retirement. 3. The applicant provides a copy of his DD Form 214 and Officer Record Brief. 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 entered active duty in the Regular Army on 28 May 1977. 3. The applicant was honorably retired from service on 28 February 1995. The applicant's DD Form 214 shows he served in Southwest Asia during the period 17 July 1989 to 31 July 1991. His DD Form 214 shows he was awarded or authorized the: * Defense Meritorious Service Medal * Meritorious Service Medal (3rd Award) * Joint Service Commendation Medal * Army Commendation Medal (3rd Award) * Army Achievement Medal * Joint Meritorious Unit Award * National Defense Service Medal * Armed Forces Expeditionary Medal * Southwest Asia Service Medal with 3 bronze service stars * Armed Forces Reserve * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Kuwait Liberation Medal * Air Assault Badge REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal - Saudi Arabia (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 1991 and 28 February 1991. Additionally, this regulation also states the KLM-K 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. DISCUSSION: Evidence shows the applicant participated in three campaigns while serving in Southwest Asia from 17 July 1989 to 31 July 1991. He served during a qualifying period for award of the KLM-K and the KLM-SA. These awards are not correctly reflected on 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) AR20170004915 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004915 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2