IN THE CASE OF: BOARD DATE: 17 November 2022 DOCKET NUMBER: AR20220004191 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 November 1991 to show he was authorized the following awards: * Kuwait Liberation Medal-Saudi Arabia (KLM-SA) * Kuwait Liberation Medal-Kuwait (KLM-KU) * Navy Commendation Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending on 22 November 1991 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is missing awards not listed on his DD Form 214. He served in 67th Armor Regiment, 3rd Battalion, Company C Tanks. His unit was also attached to the U.S. Marine Corps (USMC) during his time in the Persian Gulf War. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending 22 November 1991. His DD Form 214 for this period will be administratively corrected without Board action to show in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Kuwait Liberation Medal (KU) * Kuwait Liberation Medal (SA) 4. The Board will consider the applicant's request for the award of the Navy Commendation Medal, while attached to a USMC unit. 5. The applicant provides a copy of his DD Form 214 for the period ending on 22 November 1991. 6. A review of the applicant’s service record shows: a. DD Form 4 (Enlistment/Reenlistment Document) reflects he enlisted in the Regular Army on 4 June 1986. b. DA Form 2-1 (Personnel Qualification Record) shows in: * Item 5 (Overseas Service): he served in Saudi Arabia from 12 October 1990 thru 11 April 1991 * Item 9 (Awards, Decorations and Campaigns) does not reflect the Navy Commendation Medal * Item 27 (Remarks): “Duty in Imminent Danger Pay Area (Southwest Asia) (901012 – 910411)” c. DD Form 214 shows he was honorably discharged on 22 November 1991. Item 13 shows he was awarded the following awards: * Army Commendation Medal with one oak leaf cluster * Army Achievement Medal with two oak leaf clusters * Army Good Conduct Medal * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Expert Badge Pistol * Army Lapel Button * Southwest Asia Service Medal with two bronze service stars 7. The applicant’s records are void of orders showing he was attached or assigned to a unit with the USMC, or that he was awarded the Navy Commendation Medal while attached with the USMC, nor does he provide any documentation that shows he was awarded the Navy Commendation Medal. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. Based upon the available documentation and the administrative notes below from the analyst of record, the Board concluded there was sufficient evidence to add the Kuwait Liberation Medal (KU) and the Kuwait Liberal Medal (SA) to the applicant’s DD Form 214. The Board also determined, however, that based upon a lack of documentation (specifically orders awarding the Navy Commendation Medal) or information reflected on the applications DA Form 2-1, the Board concluded there was insufficient evidence to add the Navy Commendation Medal to the applicant’s DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the awards reflected below in the administrative notes. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Navy Commendation Medal. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards, which are not listed, on his DD Form 214: * Kuwait Liberation Medal – KU * Kuwait Liberation Medal – SA REFERENCES: 1. Title 10, United States 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 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. 2. 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 (Saudi Arabia) is awarded by the Government of Saudi Arabia to service members of the Armed Forces of the United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991 in the Persian Gulf; Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degree north latitude and west of 68 degree east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. To be eligible personnel must have been attached to or regularly serving for 1 or more days with an organization participating in ground or shore operations. b. The Kuwait Liberation Medal (Kuwait) is awarded by the government of Kuwait to service members of the Armed Forces of the United States who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993 in the Arabian Gulf; the Red Sea; the Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degree north latitude and west of 68 degree east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. To be eligible, personnel must have been attached to or regularly serving for 1 or more days with an organization participating in ground and/or shore operations. 3. Army Regulation 635-5 (Personnel Separations – Separations 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. It established standardized policy for the preparation and distribution of DD Form 214. a. In pertinent part, they state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. b. Item 13 Self Explanatory. List awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the soldier’s records. Do not use abbreviations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004191 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1