RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            08 August 2006
      DOCKET NUMBER:   AR20060000646


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 report of separation (DD Form 214) be
corrected to reflect that he was awarded two Army Commendation Medals
(ARCOM), the National Defense Service Medal (NDSM), three Army Achievement
Medals (AAM), the Liberation of Kuwait Medal, three Good Conduct Medals
(GCMDL), his service in Operation Desert Storm, and his correct military
occupational specialty (MOS) of 36L2H.

2.  The applicant states, that his records will verify his entitlement to
two awards of the ARCOM, the NDSM, three awards of the AAM, the Liberation
of Kuwait Medal, three awards of the GCMDL, his service in Operation Desert
Storm and that his MOS was 36L2H.  He further states that he has submitted
requests to have the errors corrected on three different occasions to no
avail.

3.  The applicant provides a poorly reproduced copy of an order awarding
him two awards of the GCMDL.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 June 1995.  The application submitted in this case is dated
4 January 2006.

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.  He initially enlisted on 1 April 1987 for a period of 2 years, training
as an electronic warfare cryptologic specialist and the Army College Fund.
He was transferred to Fort Jackson, South Carolina to undergo his basic
combat training (BCT).  While in BCT, he extended his enlistment for a
period of 2 years for the purpose of attending Korean Language Training.
He successfully completed his BCT and was transferred to the Presidio of
Monterrey, California to attend Korean Language Training.

4.  He did not complete that training and in December 1987, he was
transferred to Fort Gordon, Georgia to undergo advanced individual training
(AIT) as an Automatic Switching Systems Operator/Maintainer in MOS 36L.

5.  He successfully completed his AIT and was transferred to Germany on
7 September 1988.  He was advanced to the pay grade of E-4 on 1 December
1989.  On 19 April 1990, he reenlisted for a period of 4 years and a
selective reenlistment bonus.

6.  He served in Southwest Asia in support of Operation Desert Shield/Storm
from 11 December 1990 to 31 July 1991, when he was returned to his unit in
Germany.

6.  He was promoted to the pay grade of E-5 on 1 November 1992 and on
22 March 1993, nonjudicial punishment (NJP) was imposed against him for two
specifications of failure to go to his place of duty and two specifications
of disobeying  lawful orders from two commissioned officers.  His
punishment consisted of a reduction to the pay grade of E-4 (suspended for
180 days), a forfeiture of pay and extra duty.

7.  He departed Germany on 12 April 1993 and was transferred to Fort
Gordon, Georgia.  On 17 August 1993, orders were published at Fort Gordon
awarding him the first and second award of the GCMDL.  The ending date of
the second award was 31 March 1993.

8.  On 22 March 1994, NJP was imposed against him for failure to go to his
place of duty.  His punishment consisted of extra duty and restriction.

9.  On 29 March 1994, he was arrested by civil authorities and charged with
driving under the influence (DUI) of alcohol, violation of the open
container law and driving with a suspended license.  The applicant
subsequently received a general officer memorandum of reprimand (GOMOR) for
the DUI offense.

10.  On 1 April 1994, the applicant’s commander initiated action to bar him
from reenlistment.  He cited the applicant’s disciplinary record and three
incidents involving dishonored checks as the basis for his recommendation.
The applicant acknowledged the commander’s intent and elected not to submit
matters in his own behalf.  The appropriate authority approved the bar to
reenlistment on 1 April 1994 and the applicant acknowledged that he did not
desire to appeal the bar.

11.  He was convicted by civil authorities on 27 June 1994 of the civil
charges and was sentenced to serve 12 months on each count to run
consecutively, that he be fined $900.00 and that the sentence be served on
probation with the conditions that he attend an alcohol/drug abuse
intervention course and pay probation supervision fees of $20.00 per month.

12.  In September 1994, he was convicted by a summary court-martial of two
charges of uttering worthless checks.  He was sentenced to extra duty and
restriction.

13.  On 21 October 1994, the applicant’s commander initiated action to
separate him from the service under the provisions of Army Regulation 635-
200, chapter 14, for misconduct due to commission of a serious offense and
conviction by civil authorities.  He cited the applicant’s failure to
respond to rehabilitation, his repeated acts of misconduct and his
conviction by civil authorities as the basis for his recommendation.  After
consulting with counsel, the applicant elected to appear before an
administrative separation board with his counsel.  He also declined to
submit a statement in his own behalf and indicated that he did not intend
to appeal his civil conviction.

14.  He underwent a mental status evaluation on 7 November 1994 and was
found to be mentally responsible.

15.  On 16 February 1995, NJP was imposed against him for two
specifications of failure to go to his place of duty and one specification
of fraternizing with and spending the night in a hotel room with a Soldier
in training.

16.  He appeared before an administrative separation board on 31 March 1995
and was represented by counsel.  After considering the evidence and
testimony presented, the board found that the allegations of a civil
conviction, patterns of misconduct and commission of a serious offense were
supported by the preponderance of the evidence and warranted separation.
The board recommended that he be discharged under other than honorable
conditions.

17.  On 5 June 1995, the appropriate authority (a major general) approved
the findings and recommendations of the board of officers and directed that
the applicant be discharged under other than honorable conditions.

18.  However, for reasons that are unexplained in the available records,
the applicant was honorably discharged on 12 June 1995, under the
provisions of Army Regulation 635-200, paragraph 14-12B for misconduct.  He
had served 8 years, 2 months and 12 days of total active service and his DD
Form 214 issued at the time of his discharge indicates that he was awarded
the NDSM, the Army Service Ribbon, the Overseas Service Ribbon and the
Marksman Marksmanship Qualification Badge.  It also indicates that his MOS
was 31F10.

19.  In April 1997, the applicant submitted an application to the Board
requesting that his DD Form 214 be corrected to reflect his award of the
Southwest Asia Service Medal (SWASM).  The Army Review Boards Agency
Support Division issued the applicant a DD Form 215 (Correction to DD Form
214, Certificate of Release or Discharge from Active Duty) that added the
awards of the SWASM with three bronze service stars, the Kuwait Liberation
Medal – Saudi Arabia (KULM-SA), the Kuwait Liberation Medal – Kuwait (KULM-
K) and his service in Southwest Asia (SWA) from 11 December 1990 to 31 July
1991.

20.  A review of the applicant’s Official Military Personnel File (OMPF)
shows no evidence that the applicant was ever awarded an ARCOM, AAM or the
third award of the GCMDL.  His records do establish that his MOS was 36L1H.

21.  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.  There is no automatic entitlement to the Good Conduct
Medal, however, conviction by courts-martial is an automatic
disqualification that terminates a period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 was corrected by the Board’s support agency
in St. Louis in April 1999 to add the awards of the SWASM with three bronze
service stars, the KULM-SA, the KULM-K, and his service in SWA.
Accordingly there is no basis to again add those awards or the period he
served in SWA.

2.  The applicant has failed to show through the evidence submitted with
his application or the evidence of record that he was awarded any ARCOMs or
AAMs.  Therefore, in the absence of orders to show that he was awarded
those awards, there appears to be no basis to add those awards at this
time.

3.  The applicant’s contention that he was awarded three GCMDLs has been
noted and found to be without merit.  His records document that he was
awarded two GCMDLs and those awards should be added to his records at this
time.

4.  However, the applicant only served 8 years of active service and he was
convicted by a summary court-martial after his second award of the GCMDL.
Therefore, he was ineligible for the third award of the GCMDL.

5.  The applicant’s contention that the NDSM should be added to his DD Form
214 has been noted and found to be without merit.  That award is already
depicted on his DD Form 214.

6.  His records also confirm that his MOS at the time of his discharge was
36L1H (Au Sw Sys Opr/Maint).  Accordingly, his records should be corrected
to reflect that MOS instead of the 31F10 MOS listed on his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 June 1995; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 11 June 1997.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence , it would
be in the interest of justice to excuse failure to timely file in this
case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____JA  _  ____DD_  ____JH__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 that the
applicant’s MOS in block 11 of his DD Form 214 is 36L1H (Au Sw Sys
Opr/Maint), and that he was awarded two awards of the GCMDL.



2.  The Board further determined that 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
showing he was awarded a third award of the GCMDL, two ARCOMs, three AAMs,
the Kuwait Liberation Medals and his time served in SWA.




                            ____James Anderholm  ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000646                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/08/08                              |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19950612                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 14, Para 14-12B          |
|DISCHARGE REASON        |MISCONDUCT                              |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |46/de                                   |
|1.107.0000              |                                        |
|2.110.0000              |189/di                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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