RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060001259


      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             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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, correction of his records to show
that he was awarded the Army Good Conduct Medal, the Army Commendation
Medal (ARCOM), the Army Achievement Medal (AAM), and the Cold War
Recognition Certificate.  He also requests that he be awarded any
additional awards and medals to which he is entitled based on his service
and that item 5 (Overseas Service), of his DA Form 2-1 (Personnel
Qualification Record – Part II), be corrected to show that he served
5 months in Saudi Arabia instead of 4 months.

2.  The applicant states, in effect, that as time has passed, he is
entitled to additional awards and decorations.  He completed 3 years and 15
days of creditable active military service and he believes that he only had
to serve
3 years to be eligible for award of the GCMDL.  He also states that he was
one of the last persons to leave Germany.  His entire brigade closed down
and he remained behind.  He believes a human error occurred; however, he is
not blaming anyone, he wants what he deserves.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), two DA Forms 638-1 (Recommendation
for Award) forward of the Army Commendation Medal and the Army Achievement
Medal, and certificates for both awards in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 June 1992, the date of his release from active duty.  The
application submitted in this case is dated 21 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.  The applicant’s military records show he entered active duty (AD) on
17 May 1989, as an Abrams armor crewman.  He was promoted to specialist
four (SP4/E-4) effective 1 July 1991.  He served in Germany from 9 November
1990 to 1 May 1992 and was deployed to Saudi-Arabia from 30 December 1990
to 3 May 1991.  He continued to serve until he was honorably released from
AD on 1 June 1992.  He was transferred to the U. S. Army Reserve (USAR)
Control Group (Reinforcement).

4.  The applicant’s DD Form 214 shows he was awarded the National Defense
Service Medal, the Valorous Unit Award, the Army Service Ribbon, the
Overseas Service Ribbon, the Southwest Asia Service Medal with three bronze
service stars, the Sharpshooter Marksmanship Qualification Badge, with
pistol bar         (9 mm pistol), the Marksman Marksmanship Qualification
Badge, with grenade bar, and the Kuwait Liberation Medal.  His DD Form 214
does not show any additional awards.

5.  The applicant provides a copy of a certificate and an approved DA Form
638-1 from the 3rd Brigade, 3rd Infantry Division which shows that
Permanent Orders 1-157, dated 28 March 1991, awarded him the Army
Commendation Medal for exceptionally meritorious achievement during the
period from 17 January to 10 April 1991, while deployed to Southwest Asia
in combat operations associated with Desert Storm.

6.  The applicant provides a copy of a certificate and an approved DA Form
638-1 from Headquarters, 4th Brigade, 3rd Infantry Division which shows
Permanent Orders 2-5, dated 6 January 1992, awarded him the Army
Achievement Medal for exceptionally meritorious service while serving as a
tank driver for Company C, 4th Battalion, 66th Armor during the period from
13 November 1990 to 10 March 1992.

7.  Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel
Qualification Record - Part II), shows that he served in Saudi-Arabia from
30 December 1990 through 3 May 1991, for a total of 4 months (4 months and
4 days).

8.  Item 18 (Remarks), of the applicant’s DD Form 214, shows the entry
"Service in SWA (Southwest Asia) 31 Dec (December) 1990 to 3 May 1991,"
which totals 4 months and 4 days.




9.  There is no evidence of derogatory information contained in the
available records.  There is no evidence the applicant was subjected to non-
judicial punishment or courts-martial and that his commanders took action
to deny him award of the Army Good Conduct Medal.

10.  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.

11.  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.

12.  Army Regulation 600-8-22 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.

13.  The Board noted that the applicant requested award of the Cold War
Medal. The applicant is advised that although an initiative for the
creation of such a medal was submitted to Congress; however, it was not
approved and therefore it is not available for award.  Therefore, this
award will not be discussed further in this Record of Proceedings.

14.  The applicant is advised that the Secretary of Defense approved
awarding Cold War Recognition Certificates to all members of the armed
forces and qualified Federal government civilian personnel who faithfully
and honorably served the United States anytime during the Cold War Era.
The Cold War Era is defined as that period spanning from 2 September 1945
to 26 December 1991.  The Cold War Recognition Certificate Program was
approved as part of the Fiscal Year 1998 National Defense Authorization
Act.  To receive a Cold War Recognition Certificate, the applicant may
submit a request in writing to:  Cold War Recognition, 4035 Ridge Top Road,
Fairfax, Virginia 22030-7445.  Based on this information, the applicant's
request for the Cold War Recognition Certificate will not be discussed
further in this Record of Proceedings.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal on 28 March 1991,
for exceptionally meritorious achievement during the period 17 January to
10 April 1999 and the Army Achievement Medal, on 21 February 1992, for
exceptionally meritorious service from 13 November 1990 to 10 March 1992.

Therefore, he is entitled to correction of his records to show these
awards.

2.  The evidence of record shows that the applicant served in Southwest
Asia from 30 December 1990 to 3 May 1991.  It is noted that he was awarded
the  Kuwait Liberation Medal; however, he was entitled to the Kuwait
Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait
Liberation Medal awarded by the Government of Kuwait based on his service
in Southwest Asia.  Therefore, he is entitled to the KLM-SA and the KLM-K
and correction of his records to show these awards and entitled to deletion
of the entry "Kuwait Liberation Medal" on his DD Form 214.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 17 May 1989 to 16 May 1992 based on completion of a period
of qualifying military service.  Therefore, he is entitled to correction of
his records to show this award.

4.  The evidence shows that the applicant served in SWA from 30 December
1990 to 3 May 1991, for a total of 4 months and 4 days, which is currently
shown in item 18 (Remarks), of his DD Form 214.  He has shown no additional
evidence that his service in Saudi-Arabia was more than 4 months.
Therefore, there is insufficient evidence to change the number of months
served in Saudi – Arabia in item 5 (Overseas Service), of his DA Form 2-1
(Personnel Qualification Record – Part II).  The applicant is advised that
the DA Form 2-1 (Personnel Qualification Record – Part II), is no longer
maintained after a Soldier’s separation and therefore no changes are made
to this form after a Soldier has been separated.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JCR__  ___DWT _  _WFC___  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:

      a.  by adding the already-awarded Army Commendation Medal and Army
Achievement Medal to the applicant's DD Form 214, the Kuwait Liberation
Medal-Saudi Arabia, the Kuwait Liberation Medal-Kuwait, and awarding the
applicant the first award of the Good Conduct Medal, for the period 17 May
1989 to 16 May 1992; and

      b.  by deleting the entry "Kuwait Liberation Medal."

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
correction of item 5 of his DA Form 2-1 to show that he completed 5 months
of service in Saudi-Arabia.




                            ____William F. Crain_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001259                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19920601                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapt 16. . . . .           |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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