RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      5 December 2006
      DOCKET NUMBER:  AR20060007288


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 award of the Bronze Star Medal for Desert
Storm/Desert Shield and the Good Conduct Medal.

2.  The applicant states that his paperwork process for the Bronze Star
Medal and the Good Conduct Medal was not completed prior to his date of
separation.  Therefore the awards were not received.  He also states that
he was unaware that such review process existed until recently.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 October 1991, the date of his separation from active
duty.  The application submitted in this case is dated 27 April 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/Enlistment Program, as a private,
pay grade E-1, on 10 November 1988.  He entered on active duty on 22
November 1988.  He completed basic combat and advanced individual training
in military occupational specialty 45D, field artillery turret system
mechanic.

4.  The applicant’s DA Form 2-1, Enlisted Qualification Record, Part II,
shows he served in Germany from 1 May 1989 to 1 October 1991 and in Saudi
Arabia from 30 December 1990 to 1 May 1991.

5.  The applicant was released from active duty, in pay grade E-4, on
2 October 1991 and transferred to the USAR Control Group (Annual Training).

6.  The DD Form 214 issued to him lists the following awards:  the Army
Service Ribbon, the National Defense Service Medal, the Overseas Service
Ribbon, the Southwest Asia Service Medal with 2 Bronze Service Stars, the
Army Commendation Medal (3rd Award), the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship
Qualification Badge with Grenade Bar.  The Bronze Star Medal and the Good
Conduct Medal are not shown on the applicant's DD Form 214.

7.  The applicant was honorably discharged from the USAR on 26 November
1996.

8.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Star Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this award.  As a result, it will not be
discussed further in this Record of Proceedings.

9.  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.

10.  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.

11.  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.  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 completed a qualifying
period of service for award of the Good Conduct Medal on 2 October 1991.
There is no evidence his commander ever disqualified him from receiving the
award and no evidence of any misconduct which would justify denying him the
award.  In view of the foregoing, it is concluded that the applicant met
the basic qualifications for award of the Army Good Conduct Medal and it
would be appropriate and in the interest of equity to award him that
decoration for the period 22 November 1988 to 2 October 1991.

2.  The evidence also shows that based on his participation in the Persian
Gulf War, the applicant is entitled to award of the Kuwait Liberation Medal
awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal
awarded by the Government of Kuwait.  Therefore, these awards should also
be added to his records.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 October 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 October 1994.  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:

__LDS__  __PM ___  _DWS___  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 awarding him the Good Conduct Medal
for the
period 22 November 1988 to 2 October 1991, and the Kuwait Liberation
Medals, awarded by the Kingdom of Saudi Arabia and the Government of Kuwait
by adding them to the list of awards contained on his DD Form 214; and by
providing him a correction to his separation document that includes these
awards.




                                  ___Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007288                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.14                                  |
|2.                      |107.56                                  |
|3.                      |107.89                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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