IN THE CASE OF:	  

		BOARD DATE:	  	  9 October 2008

		DOCKET NUMBER:  AR20080012024 


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, in effect, correction of his records to show award of the Army Reserve Components Achievement Medal.

2.  The applicant states that he was awarded the Army Reserve Components Achievement Medal, but it was not recorded on his discharge document.

3.  The applicant provides a copy of Headquarters, 729th Transportation Company (Medium Truck Cargo), AFKC-ACA-TBF-729, Fresno, California, memorandum, dated 9 June 1990, subject:  Award of the Army Reserve Components Achievement Medal (ARCAM), 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 military service records show that he was inducted into the Army of the United States on 11 July 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 10 July 1970.  This document shows that the applicant served in the Republic of Vietnam (RVN) from 13 December 1968 through 12 December 1969.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Purple Heart, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and 2 Overseas Service Bars.  This document also shows he entered active duty on 11 July 1968, was honorably released from active duty (REFRAD) on 10 July 1970, and credited with completing 2 years net service this period.  The applicant was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), U.S. Army Administration Center, St. Louis, Missouri, with a terminal date of Reserve obligation of 10 July 1974.

4.  On 9 May 1986, the applicant enlisted in the USAR.  He was trained in MOS 64C (Motor Transport Operator), which was later redesignated MOS 88M (Motor Transport Operator).

5.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 31 May 1991, as corrected by DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 27 July 1992.  These documents show the applicant was ordered to active duty on 11 October 1990 in support of Operation Desert Shield/Desert Storm and served in Southwest Asia (SWA) from
3 December 1990 to 3 May 1991.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, as corrected by the DD Form 215, shows he was awarded the Purple Heart, Army Commendation Medal, National Defense Service Medal (2nd Award), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Army Reserve Component Overseas Training Ribbon, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal, Expert Marksmanship Qualification Badge with
(M-14 & M1-16) Rifle and (M-60) Machine Gun Bars, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Army Lapel Button, and
2 Overseas Service Bars.  This document also shows that the applicant was honorably REFRAD on 31 May 1991 and credited with completing 7 months, and 20 days net active service this period.

6.  The applicant's military service records contain a copy of Headquarters,
729th Transportation Company (Medium Truck Cargo), AFKC-ACA-TBF-729, Fresno, California, memorandum, dated 9 June 1990, subject:  Award of the Army Reserve Components Achievement Medal (ARCAM).  This document shows that the applicant was awarded the Army Reserve Components Achievement Medal for exemplary behavior, efficiency, and fidelity while serving as a member of an Army Reserve Troop Program Unit from 9 May 1986 to 8 May 1990.

7.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Forms 214.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after
3 July 1965 through 28 March 1973.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Southwest Asia Service Medal is awarded for service in the Persian Gulf War to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 through 30 November 1995.  

11.  Army Regulation 600-8-22 also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Vietnam Service Medal and the Southwest Asia Service Medal.

12.  Army Regulation 600-8-22, Appendix B (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers), in pertinent part, lists the campaigns for the Vietnam and Southwest Asia Conflicts.  

     a.  This document shows that while serving in the RVN, the applicant participated in the Vietnamese Counteroffensive Phase VI; Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970 campaigns, for a total of 4 campaigns.

     b.  This document also shows that while serving in SWA, the applicant participated in the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and Southwest Asia Cease-Fire campaigns, for a total of 3 campaigns.

13.  The applicant's military service records contain a copy of Headquarters,
729th Transportation Company (Medium Truck Cargo), AFKC-ACA-TBF-729, Fresno, California, memorandum, dated 15 May 1992, subject:  Award of the Kuwait Liberation Medal - Saudi Arabia.  This document shows that the applicant was awarded the Kuwait Liberation Medal (Saudi Arabia) for his participation in Operation Desert Storm between 17 January 1991 and 28 February 1991.

14.  Army Regulation 600-8-22, in pertinent part, states 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.

15.  Army Regulation 600-8-22, in pertinent part, states 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.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers in the rank of colonel and below, for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972, the medal has been authorized on completion of 4 years service with a Reserve Component unit.  The individual must have completed 4 years of qualifying service on or after 3 March 1972 and before the effective date of this regulation (28 March 1995).  Beginning on the effective date of this regulation, the period of qualifying service for award of the 
Army Reserve Components Achievement Medal is reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

18.  The Separation Documents regulation, in effect at the time of the applicant's separation, contains item-by-item instructions for completing the DD Form 214.  The instructions for recording authorized decorations, medals, badges, citations and campaign ribbons state that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Army Reserve Components Achievement Medal.

2.  The evidence of record shows that the applicant was awarded the Army Reserve Components Achievement Medal for exemplary behavior, efficiency, and fidelity while serving as a member of an Army Reserve Troop Program Unit from 9 May 1986 to 8 May 1990.  Therefore, it would be appropriate to correct his DD Form 214, with an effective date of 31 May 1991, to show this award.

3.  Records show the applicant served a qualifying period of active duty service for award of the Good Conduct Medal from 11 July 1968 to 10 July 1970.  Therefore, it would be appropriate to correct his records to show this award.

4.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 4 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of
4 bronze service stars to be affixed to his Vietnam Service Medal.

5.  The evidence of record shows that Item 13 of the applicant’s DD Form 214, with an effective date of 31 May 1991, was corrected by a DD Form 215, dated 27 July 1992.  These documents show, in pertinent part, that the applicant was awarded the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal.  The evidence of record also shows that the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on
3 January 1992 and the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995.  Thus, it is reasonable to conclude that the Kuwait Liberation Medal shown on the applicant’s DD Form 215 represents the Kuwait Liberation Medal (Saudi Arabia).  In this regard, the evidence of record confirms the applicant also qualified for award of the Kuwait Liberation Medal (Kuwait).  Therefore, it would be appropriate to correct his records to show this foreign service medal.

BOARD VOTE:

____X____  ____X____  ___X_____  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.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 11 July 1968 to 10 July 1970; 

     b.  deleting from Item 24 of his DD Form 214, with an effective date of 10 July 1970, the “Vietnam Service Medal”;

     c. adding to Item 24 of his DD Form 214, with an effective date of 10 July 1970, the “Good Conduct Medal and Vietnam Service Medal with 4 bronze service stars”;

     d.  deleting from Item 13 of his DD Form 214, with an effective date of 31 May 1991, the “Vietnam Service Medal and Kuwait Liberation Medal;” and

     e. adding to Item 13 of his DD Form 214, with an effective date of 31 May 1991, the “Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).”



      __________X____________
               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)                                         AR20080012024



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012024



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1