RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060011448 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

Member

Ms. LaVerne M. Douglas

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. 

2.  The applicant states, in effect, that he received two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal      1st Oak Leaf Cluster) prior to his discharge.

3.  The applicant provides a copy of an award certificate for the Army Commendation Medal in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 26 September 1991, the date of his release from active duty.  The application submitted in this case is dated 8 August 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 enlisted in the Regular Army on 27 September 1988.  The applicant successfully completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Aberdeen Proving Ground, Maryland.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 63Y, Track Vehicle Mechanic.

4.  He was promoted to specialist (SPC/E-4) effective 1 January 1990.  He was deployed to Saudi-Arabia from 13 August 1990 to 21 March 1991.  He continued to serve until he was honorably released from active duty on 26 September 1991. He was transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement).  




5.  The applicant's DD Form 214 shows he was awarded the Army Service Ribbon; the National Defense Service Medal; the Army Lapel Button; the Southwest Asia Service Medal with two bronze service stars; the Driver and Mechanic Badge (T [for tracked vehicles]); the Sharpshooter Marksmanship Qualification Badge, with rifle bar; and the Expert Marksmanship Qualification Badge, with grenade bar.  His DD Form 214 does not show any additional awards. 

6.  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.

7.  The applicant provides a copy of an award certificate, dated 13 August 1991, which shows that he was awarded the Army Commendation Medal, while assigned to Headquarters and Headquarters Company, 2nd Brigade, 24th Infantry Division, for meritorious performance of duty as a tracked vehicle mechanic and recovery specialist, from 17 January 1991 to 24 February 1991, while supporting Operation Desert Storm.

8.  There is no indication in the applicant's service personnel records to show he was considered or recommended twice for, or awarded, the Army Commendation Medal, on two occasions. 

9.  There are no orders in the applicant’s service personnel records which show that he was awarded two awards of the Army Commendation Medal.  There also is no evidence in his records that he was recommended for award of the Army Commendation Medal on two occasions.  His DA Form 2-1 (Personnel Qualification Record – Part II) does not list the Army Commendation Medal      (1st Oak Leaf Cluster) in item 9 (Awards, Decorations, and Campaigns).

10.  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 29 August 1990 through 21 March 1991, for a total of 7 months.

11.  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.



12.  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.

13.  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.

14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the absence of orders for the Army Commendation Medal, the award certificate presented by the applicant, by itself, is insufficient evidence in this case to show that the applicant was awarded the Army Commendation medal, for meritorious performance of duty, during the period 17 January to 24 February 1991.  It is noted that the award certificate failed to indicate the general orders approving this award.  Therefore, he is not entitled to correction of his records to show the Army Commendation Medal.

2.  There is no evidence to show that the applicant was considered or recommended twice for, or awarded, the Army Commendations Medal, on two occasions.  Therefore, he is not entitled to correction of his records to show two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal 1st Oak Leaf Cluster).

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 27 September 1988 to 26 September 1991 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 of record shows that the applicant served in Southwest Asia from 13 August 1990 to 21 March 1991.  He is 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 correction of his records to show these awards on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LD____  __LB ___  _TSK ___  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 he was awarded the Good Conduct Medal, for the period 27 September 1988 to 26 September 1991; the Kuwait Liberation Medal-Saudi Arabia; and the Kuwait Liberation Medal-Kuwait.

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 award of the Army Commendation Medal (1st Oak Leaf Cluster).




____   Ted S. Kanamine_______
          CHAIRPERSON




INDEX

CASE ID
AR20060011448
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19910926
DISCHARGE AUTHORITY
AR 635-200, chap 4 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT //DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.