RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070008467 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawiy A. Sabree

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 corrections of his records to show award of the Kuwait Liberation Medal and the Good Conduct Medal.

2.  The applicant states that the Kuwait Liberation Medal was authorized after his discharge from the Army and that the Good Conduct Medal is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provided a copy of his DD Form 214 and DD Form 215 (Correction to the DD Form 214, Certificate of Release or Discharge from Active Duty) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army on 14 July 1988 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63T (Bradley Fighting vehicle System Mechanic).

3.  The applicant's records further show that he was honorably discharged on 29 July 1991.  The DD Form 214 he was issued at the time of separation shows that he was discharged in accordance with paragraph 1-28 of Army Regulation 635-200 (Personnel Separations) for expiration of term of service.  This form further confirms that he completed 3 years and 16 days of creditable service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Army Service Ribbon, the Army Commendation Medal, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, and the Overseas Service Ribbon.  Item 13 does not show award of the Kuwait Liberation Medal or the Good Conduct Medal.

5.  Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Southwest Asia during the period 31 December 1990 through 7 May 1991.  

6.  The applicant's DD Form 215, dated 29 July 1991, deleted the applicant's "Southwest Asia Service Medal with two bronze service stars" and added the "Southwest Asia Service Medal with three bronze stars" as well as the "Kuwait Liberation Medal."

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the:

	a.  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. 

b  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.  

Additionally, the KLM-SA and the KLM-K are foreign awards and they are not issued by the United States government.  The governments of Saudi Arabia and Kuwait provided the US government with a sufficient number of medal sets to be issued to each eligible service member.  Once that supply was exhausted, it became an individual’s responsibility to purchase the medals.

8.  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.



DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant served in Southwest Asia in support of Operations Desert Shield/Storm from 31 December 1990 through 7 May 1991.  Therefore, he is entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) and correction of his records to show these awards.

2.  The applicant's records show that he completed 3 years and 16 days of active military service, was honorably separated, had no lost time, and was furnished a Reentry (RE) code of "1".  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal during the 3-year period from 14 July 1988 through 29 July 1991.  It appears that the applicant was entitled to award of the Good Conduct Medal and is therefore entitled to correction of his records to show this award. 

BOARD VOTE:

__lds___  __cd____  __qas___  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 showing that he was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K); and the Army Good Conduct Medal for the period of service from 14 July 1988 through 29 July 1991.



						Linda D. Simmons
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070008467
SUFFIX

RECON

DATE BOARDED
20071114
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.