IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080005561 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show all medals and awards received during Operation Desert Shield/Storm and to show he earned the Army Good Conduct Medal.

2.  The applicant states that he believes clerical errors were made with no malice intended.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 4 April 1989 for 4 years and    14 weeks.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  He was assigned to Fort Drum, NY, around July 1989.  He was advanced to Private First Class, E-3, effective 25 June 1990.

3.  The available evidence of record does not show that the applicant served in Southwest Asia during Operation Desert Shield/Storm.  

4.  Headquarters, 1st Battalion, 87th Infantry, Fort Drum, NY, Permanent Order Number 135-32, dated 14 May 1992, awarded the applicant the Army Achievement Medal for achievement during the period 27 April 1992 to 4 May 1992 during the battalion’s evaluation during exercise “Warrior Thunder.”

5.  The applicant was honorably released from active duty on 30 November 1992 after completing 3 years, 7 months, and 27 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars, and the Army Achievement Medal.  

6.  There is no derogatory information in the applicant’s records.  There is no evidence of record to show he was disqualified for award of the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the Army 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 normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  

8.  Army Regulation 600-8-22 states that although there is no automatic entitlement to the Army Good Conduct Medal disqualification must be justified.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, 
the commander will forward his or her statement, the individual’s statement, and 
his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201.  The custodian of the MPRJ will forward these documents for permanent filing in the individual’s OMPF.  The immediate 
commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not indicate when he served in Southwest Asia during Operation Desert Shield/Storm, and there is no available evidence of record and he provided no evidence (such as leave and earnings statements) to substantiate his contention that he served in Southwest Asia.  Regrettably, there is insufficient evidence of record at this time to correct his records to show any medals and awards he may have received during Operation Desert Shield/Storm.

2.  The applicant would have been eligible for the first award of the Army Good Conduct Medal for the period 4 April 1989 through 3 April 1992.  There is no evidence of record to show that he was disqualified for award of the Army Good Conduct Medal.  There is no derogatory information in his records (except for the fact he might have been released (honorably) early from active duty, during a drawdown period, due to slow grade progression).  He was awarded the Army Achievement Medal for the period 27 April through 4 May 1992, just shortly after he would have been eligible for award of the Army Good Conduct Medal.

3.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 4 April 1989 through 3 April 1992.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  awarding him the first award of the Army Good Conduct Medal for the period 4 April 1989 through 3 April 1992; and

     b.  amending his DD Form 214 to add the Army Good Conduct 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 showing any medals and awards received during Operation Desert Shield/Storm.


								XXX
	_______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080005561



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ABCMR Record of Proceedings (cont)                                         AR20080005561



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