RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2004
      DOCKET NUMBER:  AR20040001664


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the Army Good Conduct Medal (1st Award) on
his DD Form 214 (Certificate of Release or Discharge From Active Duty) with
a separation date of 3 November 1991 be changed to read Army Good Conduct
Medal (2nd Award).

2.  The applicant states that the Army Good Conduct Medal was incorrectly
annotated on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 with a separation date
of 24 October 1986 and a copy of his DD Form 214 with a separation date of
3 November 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on
3 November 1991.  The application submitted in this case is dated 27 April
2004 and was received on 26 May 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he initially enlisted on 26
October 1983.  He successfully completed basic combat and advanced
individual training and was awarded the military occupational specialty
12B10 (combat engineer).   He was released from active duty on 24 October
1986 after 2 years, 11 months, and 29 days of active service characterized
as honorable.  The highest grade the applicant held was corporal/pay grade
E-4.

4.  The applicant reenlisted on 4 November 1987.  He was assigned to
Company B, 3rd Engineer Battalion, 24th Infantry Division while serving in
Southwest Asia during the period 28 August 1990 through 28 March 1991.  He
was discharged on 3 November 1991 after serving four years of active
service characterized as honorable.  The highest grade the applicant held
was sergeant/pay grade E-5.

5.  The applicant's records do not contain any adverse information and he
received two Army Achievement Medals and one Army Commendation Medal for
meritorious achievement during the period of his second enlistment.

6.  Headquarters, United States Army Field Artillery Center, Fort Sill,
Oklahoma Permanent Orders 137-030, dated 17 July 1986, announced the award
of the Good Conduct Medal to the applicant for the period 26 October 1983
to
25 October 1986.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214, with a separation
date of 24 October 1986, contains the entry "Army Good Conduct Medal-1."

8.  Item 13 of the applicant's DD Form 214, with a separation date of 3
November 1991, contains the entry "Army Good Conduct Medal (1st Award)."

9.  A review of the applicant's records shows that he is entitled to
additional awards, which are not listed on his DD Form 214.

10.  Army Regulation 600-8-22 states, in pertinent part that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  After 27 June 1950 to the present time, the current
standard for award of the Good Conduct Medal is 3 years of qualifying
service, but as little as one year is required for the first award in those
cases when the period of service ends with the termination of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

11.  The Office of the Adjutant General of the Army has placed the Army
Unit Citation and Campaign Participation Credit Register on the Internet.
This listing shows the unit awards received by Army units subsequent to
operations in Grenada and campaign participation by Army units in military
operations including the Dominican Republic, Grenada and Southwest Asia.
The Army Unit Citation and Campaign Participation Credit Register shows
that the 3rd Engineer Battalion, 24th Infantry Division was awarded the
Meritorious Unit Commendation for the period 15 October 1990 through 29
March 1991 by Department of the Army General Orders Number 12, dated 13 May
1996.

12.  The Kuwait Liberation Medal 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 1991 and 28 February 1991.

13.  The Kuwait Liberation Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to a second award of the
Army Good Conduct Medal.

2.  The records contain orders for the award of the Army Good Conduct
Medal.

3.  The period of eligibility for a second award of the Army Good Conduct
Medal began when the applicant reenlisted on 4 November 1987.  Records do
not show indiscipline or lost time.  The applicant's records do not contain
any adverse information and he received two Army Achievement Medals and one
Army Commendation Medal for meritorious achievement during the period of
his second enlistment.

4.  In the absence of evidence showing disqualification, the applicant is
entitled to the second award of the Army Good Conduct Medal based on
completion of qualifying service from 4 November 1987 to 3 November 1990.

5.  The applicant served with the 3rd Engineer Battalion, 24th Infantry
during the period the unit was awarded the Meritorious Unit Citation.
Therefore, he is entitled to the Meritorious Unit Citation.

6.  The applicant served in Southwest Asia in support of Operations Desert
Shield and Desert Storm from 28 August 1990 through 28 March 1991.
Therefore, he is entitled to the Kuwait Liberation Medal awarded by the
Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by
the Government of Kuwait (KLM-K).

BOARD VOTE:

___mkp__  ___sap__  ____slp _ GRANT FULL RELIEF

________  ________  ________ GRANT PARTIAL RELIEF

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing:

      a.  award of the Army Good Conduct Medal (2nd Award);

      b.  award of the Meritorious Unit Citation;

      c.  award of the Kuwait Liberation Medal (K); and

      d.  award of the Kuwait Liberation Medal (SA).




                            __Margaret K. Patterson_
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001664                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]