RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060002153


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Gunlick                 |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |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 given medals that he
deserves that he didn't receive, to include the:  Liberation of Kuwait
[correctly known as the Kuwait Liberation Medal] awarded by the Government
of Kuwait; the Persian Gulf Era Service Appreciation Recognition; the Cold
War Era [Cold War Certificate]; the Combat Action Badge Display
Recognition; the Southwest Asia Medal; the Honorable Discharge Lapel Pin
[correctly known as the Honorable Service Lapel Button]; and any others
that he didn't find.

2.  In an addendum to his DD Form 149, Application for Correction of
Military Records, the applicant also asks that he be awarded the Cold War
Recognition Certificate; the Army Professional Recognition – Air Defense
Artillery; the Army Unit Service Display Recognition; the Combat Action
Badge Display Recognition; the National Defense Medal Display Recognition;
the Army Overseas Service Bar Display Recognition; and the Persian Gulf War
Era Service Appreciation Recognition.

3.  The applicant states, in effect, that he is writing concerning some
medals and certificates that were never issued to him while he was
enlisted.  By doing research online, he has found the awards that he feels
he is entitled to.

4.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 February 1992, the date of his separation from active
duty.  The application submitted in this case is dated 2 February 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 that he enlisted in the United
States Army Reserve (USAR) Delayed Entry Program, in pay grade E-1,
effective 30 November 1988.

4.  The applicant enlisted in the Regular Army, in pay grade E-2, effective
22 February 1989 and entered on active duty effective 27 February 1989.  He
completed basic and advanced individual training in military occupational
specialty 16R, Vulcan Crewmember.

5.  The applicant's Personnel Qualification Record shows he served in
Germany with B Battery, 5th Battalion, 3rd Air Defense Artillery, from 12
December 1989 to 30 December 1990.  He also served in Saudi Arabia from 31
December 1990 to 18 May 1991 and Germany from 19 May 1991 to 24 February
1992.

6.  The applicant was released from active duty, in pay grade E-3,
effective 26 February 1992 and transferred to the USAR Control Group
(Reinforcements).

7.  The DD Form 214 issued to him lists the following awards:  the National
Defense Service Medal, the Army Service Ribbon, the Overseas Service
Ribbon, the Southwest Asia Service Medal with 2 Bronze Service Stars, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, M-16, and the
Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

8.  The following awards are recognition or commemorative awards that are
not issued by the Army, not recognized by the Army in its Awards and
Decorations Programs, and are not provided for in Army Regulation 600-8-
22:  the Persian Gulf Era Service Appreciation Recognition; the Cold War
Era [Cold War Certificate]; the Combat Action Badge Display Recognition;
the Army Professional Recognition – Air Defense Artillery; the Army Unit
Service Display Recognition; the Combat Action Badge Display Recognition;
the National Defense Medal Display Recognition; the Army Overseas Service
Bar Display Recognition; and the Persian Gulf War Era Service
Appreciation Recognition.  These recognition or commemorative awards are
available through commercial vendors who operate in part on the Internet
and make their medals, etc. available to the public for a cost.  These
awards and decoration that are sold commercially are not the same as
those awards and decorations that are available through and sanctioned by
the Army's Awards and Decorations Program.  Because they are not provided
for in Army Regulation 600-8-22, the above recognition or commemorative
awards will not be discussed further in this Record of Proceedings.

9.  The Kuwait Liberation Medal, awarded by the Government of Kuwait; the
Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia; the Cold
War Recognition Certificate, the Southwest Asia Service Medal; and the
Honorable Service Lapel Button will be addressed in this Record of
Proceedings.

10.  The applicant was discharged from the USAR effective 26 February 1997.

11.  There is no indication in the applicant's service records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.

12.  The applicant has been notified by separate correspondence of
instructions for requesting the Cold War Recognition Certificate and the
Combat Action Badge.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in pertinent part, states that unit awards are authorized for
permanent wear by an individual who was assigned and present for duty with
the unit at any time during the period cited or who was attached to and
present for duty with the unit for at least 30 consecutive days of the
period cited.  All unit awards approved by Headquarters, Department of
Army, will be announced in HQDA General Orders.  Permanent Orders published
to announce the award of a unit decoration will contain the citation of the
award, name of the unit or units, and inclusive dates.

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1 or appropriate Department of the
Army message.  There are special provisions regarding authorization for the
Overseas Service Bar for service in a hostile fire zone and for combining
service to calculate award of the bars.

15.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) prescribes the policies governing the Official Military
Personnel File, the Military Personnel Records Jacket, the Career
Management Individual File, and Army Personnel Qualification Records.  In
pertinent part, this regulation states that entries pertaining to the
number of Oversea Service Bars authorized will be entered on the DA Form 2-
1 (Personnel Qualification Record-Part II).

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Lapel Button is a gratuitous issue and the eligibility requirements are as
follows:
(a) Soldiers transitioning with an honorable characterization of service
(those being transferred to another component for completion of a military
service obligation, and those receiving an Honorable Discharge
Certificate); (b) non-adverse separation provision; (c) minimum 9 months
continuous service - a break is 24 hours or more; (d) active Federal
service on or after 1 April 1984; or, service in a Ready Reserve unit
organized to serve as a unit (National Guard unit or Army Reserve troop
program unit) on or after 1 July 1986; (e) retroactive issuance is not
authorized; and (f) no Soldier separating from the Service is to be awarded
more than one Army Lapel Button.

17.  Army Regulation 600-8-22, in pertinent part, 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.  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.

18.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

19.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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 evidence of record shows that the applicant is entitled to the Army
Honorable Service Lapel Button for his honorable period of service and that
he completed a qualifying period of service for award of the Army Good
Conduct Medal.  Therefore, it would be appropriate to award the Army
Honorable Service Lapel Button and the first award of the Good Conduct
Medal for the period 27 February 1989 to 26 February 1992.

2.  Based on his service in Saudi Arabia and participation in the Persian
Gulf War from 31 December 1990 to 18 May 1991, he is entitled to award of
the Kuwait Liberation Medal awarded by the Government of Kuwait and the
Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia.
3.  In accordance with Military Awards Branch, Unit Awards Registry, the
applicant's unit of assignment was not cited for any unit awards during his
period of service.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

__JBG__  ___MJF _  __SWF __  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
awarding him the Army Honorable Service Lapel Button, the Good Conduct
Medal for a qualifying period of service from 27 February 1989 to
26 February 1992, the Kuwait Liberation Medal awarded by the Government of
Kuwait, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia,
and by providing him a corrected separation document showing these awards.




                            _____James_B. Gunlicks_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002153                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.56                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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