RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040008734


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J.N. Troup              |     |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 his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show award of his second Army
Good Conduct Medal, his second award of the Army Commendation Medal, and
the Kuwait Liberation Medal.

2.  The applicant states, in effect, that some awards were issued to him
after he left the service on 21 August 1995, and now should be placed on
his DD Form 214.  He also states that the missing items could impact on his
current service on active duty, and believes his request is in the interest
of justice.

3.  The applicant continues by stating that he was awarded his second award
of the Army Commendation Medal when he left the service in Germany;
currently his DD Form 214 only shows his first award of the Army
Commendation Medal.  He states that he last received a Good Conduct Medal
for the period 24 August 1989 through 23 August 1992, and should have
received another award of the Army Good Conduct Medal when he left the
service on 21 August 1995.  In closing the applicant states, in effect,
that he served in the geographical areas necessary for award of the Kuwait
Liberation Medal but was not awarded the medal.

4.  The applicant provides a copy of his DD Form 214, a copy of the
certificate awarding him the Army Commendation Medal, a copy of orders
awarding him his first award of the Army Good Conduct Medal, and a letter
dated 28 September 2004 in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 24 August 1989.  He was trained in, awarded and
served in military occupational specialty (MOS) 67U (Helicopter Repairer).


2.  The applicant was separated on 21 August 1995.  His DD Form 214 shows
his authorized awards as the Army Commendation Medal, the Army Achievement
Medal (5th Award), the Joint Meritorious Unit Award, the Army Good Conduct
Medal, the National Defense Service Medal, the Armed Forces Expeditionary
Medal, the Southwest Asia Service Medal (with 3 Bronze Service Stars), the
Non-Commissioned Officer's Professional Development Ribbon, the Army
Service Ribbon, the Overseas Service Ribbon, the Kuwait Liberation Medal,
the Expert Marksmanship Qualification Badge with Grenade Bar, the Aircraft
Crewman Badge, the Driver and Mechanic Badge with Driver-W Bar, and the
Bronze German Army Marksmanship Badge.  Item 18 (Remarks) of this document
confirms he served in Southwest Asia (SWA) from 11 October 1990 through 18
April 1991.

3.  The records of the applicant provided for review do not contain
assignment orders or other documents or information in regard to the
applicant's unit of assignment in SWA.

4.  The applicant provided a certificate, dated 6 November 1995, with
Permanent Order Number 310-4 from the Commander of the 12th Aviation
Brigade which shows he was awarded the Army Commendation Medal as an end of
tour award for meritorious service for the period 17 November 1992 to 21
August 1995.

5.  Records show that the applicant was awarded his first award of the Army
Good Conduct Medal on 23 August 1992.

6.  Army Regulation 600-8-22 (Military Awards) provides 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.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

7.  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.

8.  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.

9.  The applicant is currently serving on active duty in the Regular Army
in the grade of sergeant.






DISCUSSION AND CONCLUSIONS:

1.  The applicant requested award of a second Army Good Conduct Medal.
Records show that the applicant's second period of service was 24 August
1992 through 21 August 1995, causing the applicant to be two days short of
the required 3 years.

2.  The applicant enlisted on 24 August 1989 for a period of 6 years, which
should have given him a discharge date of 23 August 1995.  Instead the
applicant was discharged on 21 August 1995.  There is no explanation in the
applicant's records as to why he was separated on Monday, 21 August 1995
instead of Wednesday, 23 August 1995.

3.  Had the applicant been allowed to serve until the end of his enlistment
on    23 August 1995 he would have been entitled to receive his second
award of the Army Good Conduct Medal.  Due to no fault of the applicant,
his enlistment was shortened by 2 days causing him to be ineligible for
award of his second Army Good Conduct Medal.  Based on the fact that his
record contains no indiscipline, no lost time, and no adverse information,
as a matter of equity in this case, the applicant's records should be
corrected to show award of the second Army Good Conduct Medal for the
period 24 August 1992 through 21 August 1995, as an exception to policy.

4.  The evidence of record shows the applicant was awarded a second award
of the Army Commendation Medal.  Therefore, his DD Form 214 for the period
ending 21 August 1995 should be amended to show the Army Commendation Medal
(First Oak Leaf Cluster).

5.  The evidence shows the applicant served in SWA from 11 October 1990
through 18 April 1991.  As a result, he is entitled to the Kuwait
Liberation Medal (KLM-SA) and Kuwait Liberation Medal (KLM-K).  Therefore,
it would be appropriate to add these awards to his record at this time.

BOARD VOTE:

___kan__  ___wdp _  __mjnt  __  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:


      a.  awarding the Army Good Conduct Medal (2nd Award) for the period
24 August 1992 through 21 August, as an exception to policy;

      b.  adding the Army Good Conduct Medal (2nd Award) to his DD Form
214;

      c.  awarding the Army Commendation Medal (First Oak Leaf Cluster);

      d.  adding the Army Commendation Medal (First Oak Leaf Cluster) to
his DD Form 214;

      e.  deleting the Kuwait Liberation Medal from the DD Form 214; and

      f.  adding the Kuwait Liberation Medal (KLM-SA) and Kuwait Liberation
Medal (KLM-K).




                            ___Kathleen A. Newman___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008734                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/23                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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