IN THE CASE OF:	 

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080007623 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded the third award of the Army Good Conduct Medal instead of the second award and to show his additional service in Southwest Asia.  

2.  The applicant states that he has the supporting documentation to substantiate the above errors in his records.

3.  The applicant provides his DD Form 214; an “ARMY GOOD CONDUCT MEDAL AWARD CERTIFICATE (3RD AWARD)” (a certificate was not provided but orders were provided); and a DD Form 1351-2 (Travel Voucher or Subvoucher).  He stated a noncommissioned officer evaluation report (NCOER) was provided.  No NCOER was attached to his application; however, it appears the NCOER he meant was on file in the fiche portion of his Official Military Personnel File.

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 19 November 1985.

3.  The applicant was assigned to Germany on 8 April 1986.

4.  The applicant was awarded the first award of the Army Good Conduct    Medal for the period 19 November 1985 to 18 November 1988 on 574th Personnel Service Company Permanent Orders 214-12, dated 7 November 1988.

5.  The applicant departed Germany on 7 March 1989 after completing 2 years and 11 months of service in Germany.

6.  The applicant served in Southwest Asia from 18 February 1991 through       10 April 1991 (1 month and 23 days).

7.  The applicant provided a DD Form 1351-2 that indicated he was in Bahrain from 2 July through 19 September 1992 (2 months and 18 days).  His NCOER for the period May 1991 through April 1992 noted that he established a manual property book for an overseas operation after Operation Desert Storm.

8.  The applicant was awarded the second award of the Army Good Conduct Medal for the period “19 November 1989 to 18 November 1992” on Headquarters, 273rd Personnel Service Company Permanent Orders 000138-006, dated 6 October 1992.

9.  The applicant provided 502d Personnel Services Battalion, 3d Personnel Group, Permanent Order 339-18, dated 5 December 1995, showing he was awarded the Army Good Conduct Medal (3rd Award) for the period 19 November 1991 to 18 November 1994.  

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows, in part, that he was awarded the Army Good Conduct Medal (2d award), the Southwest Asia Service Medal with two bronze service stars, and the Kuwait Liberation Medal (K) (i.e., the Kuwait Liberation Medal authorized by the government of Kuwait).  Item 18 (Remarks) shows he served in Southwest Asia from 18 February 1991 through 10 April 1991.

11.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The orders the applicant provided are accepted as sufficient evidence to show he was awarded the third award of the Army Good Conduct Medal.  His DD Form 214 should be amended to reflect this award. 

2.  The available evidence of record shows that the applicant returned to Southwest Asia on 2 July 1991 for a temporary duty assignment and departed on 19 September 1991.  Item 18 of his DD Form 214 should be amended to add this service.

3.  Based upon the applicant’s additional service in Southwest Asia, he is eligible to wear three bronze service stars on the Southwest Asia Service Medal instead of the two bronze service stars now reflected on his DD Form 214.

4.  In addition, the applicant is eligible for award of the Kuwait Liberation Medal – Saudi Arabia, and this award should be added to his DD Form 214.

BOARD VOTE:

___XX_____  ___XX_____  ____XX____  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:

     a.  deleting the entries, “Army Good Conduct Medal (2nd Award)” and Southwest Asia Service Medal with 2 Bronze Service Star (sic) (BSS)” from item 13 of his DD Form 214; 

     b.  deleting the entry, “Service in Southwest Asia 19910218 – 19910410” from item 18 of his DD Form 214; 

     c.  adding the entries, “Army Good Conduct Medal (3rd Award),” “Southwest Asia Service Medal with 3 Bronze Service Stars,” and Kuwait Liberation Medal – Saudi Arabia (KLM-SA)” to item 13 of his DD Form 214; and

     d.  adding the entry, “Service in Southwest Asia 19910218 – 19910410 and 19910702 – 19910919” to item 18 of his DD Form 214.



      ______XXXX________________
               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)                                         AR20080007623



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007623



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1