RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050005245


      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:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlick              |     |Member               |
|     |Mr. Scott W. Faught               |     |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, in effect, that he be awarded his fourth Army
Good Conduct Medal.

2.  The applicant states, in effect, that he never received his fourth Army
Good Conduct Medal that was due in October 1993.

3.  The applicant provides no documents or evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 January 1994, the date of his discharge.  The application submitted in
this case is dated 30 March 2005 and was received on 7 April 2005.

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 27
October 1981, for a period of 4 years.  He successfully completed basic
combat and advanced individual training and was awarded the military
occupational specialty (MOS) 63B20 (light wheel vehicle mechanic).  In
1986, the applicant's MOS was changed to 75B20 (personnel administration
specialist).  The applicant reenlisted on 26 June 1985, on 11 December
1987, and on 9 September 1988.

4.  The applicant served in Southwest Asia during the period from 11
December 1990 to 12 May 1991.

5.  On 3 January 1994, the applicant was discharged due to an early release
program - Special Separation Benefit.  He had completed 12 years, 2 months,
and 7 days of active service that was characterized as honorable.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Certificate of Release or Discharge from Active Duty) with a separation
date
of 3 January 1994, contains entries for the Army Good Conduct Medal
(3rd award) and the Kuwait Liberation Medal.

7.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1
(Personnel Qualification Record) contains the entry "GCMDL-Army" (Good
Conduct Medal) and the penciled in annotation "931026 3d AWD" (26 October
1993 3rd Award).

8.  The applicant's records do not contain any orders for award of any of
the applicant's Army Good Conduct Medals.

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

10.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the Army 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.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

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 award of a fourth Army
Good Conduct Medal.

2.  Based on the applicant's date of enlistment he would have been eligible
for:

      a.  first award of the Army Good Conduct Medal on 26 October 1984;

      b.  second award of the Army Good Conduct Medal on 26 October 1987;

      c.  third award of the Army Good Conduct Medal on 26 October 1990;
and

      d.  fourth award of the Army Good Conduct Medal on 26 October 1993.

3.  There is no evidence the applicant was disqualified by his chain of
command from receiving the Army Good Conduct Medal.  Records do not show
indiscipline or lost time.  His records do not contain any adverse
information and he received above average conduct and efficiency ratings
throughout his service.

4.  Based on the preponderance of evidence, the Board determined that the
entry in Item 9 of the applicant's DD Form 2-1 showing 3rd award was in
error.  Therefore, in the absence of evidence showing disqualification, the
applicant is entitled to the fourth award of the Army Good Conduct Medal
based on completion of qualifying service for the period 27 October 1990 to
26 October 1993.

5.  The applicant served in Southwest Asia in support of Operations Desert
Shield and Desert Storm during the period from 11 December 1990 to 12 May
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).

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 January 1994, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 2 January 1997.  The
applicant did not file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  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 (fourth award) for the
period
27 October 1990 to 26 October 1993;

      b.  award of the Kuwait Liberation Medal awarded by the Kingdom of
Saudi Arabia (KLM-SA); and

      c.  award of the Kuwait Liberation Medal awarded by the Government of
Kuwait (KLM-K).




                                  ___________Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005245                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | GRANT PLUS                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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