IN THE CASE OF:	

		BOARD DATE:	  2 December 2008

		DOCKET NUMBER:  AR20080014510 


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 discharge document to show award of the Kuwait Liberation Medal (Kuwait), Army Lapel Button, and unit awards.  He also requests issuance of his authorized individual awards and decorations, unit awards, the Cold War Recognition Certificate, and the Persian Gulf War service letter of appreciation.

2.  The applicant states, in effect, he was assigned to U.S. Army, Europe (USAREUR) and served in Southwest Asia (SWA); however, he departed the theater of operations before the Kuwait Liberation Medal was issued.  He adds he proudly served his country and was unaware he was authorized additional awards until just recently.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 18 July 1992 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 has requested award of the Cold War Recognition Certificate.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  However, the applicant may submit an application to the Commander, U.S. Army Human Resources Command, Cold War Recognition Program, Attention: AHRC-CWRS, 200 Stovall Street, Suite 3N45, Alexandria, VA 22332-0473.  Additional information is available at:  https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

3.  The applicant's military service records show that he enlisted in the U.S. Army Reserve (USAR) on 4 April 1989 and entered active duty in the Regular Army for a period of 3 years on 20 July 1989.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 16S (MANPADS [Man Portable Air Defense System] Crewmember).  The applicant's records show he was assigned overseas to D Battery, 5th Battalion, 3rd Air Defense Artillery in USAREUR.

4.  The applicant's military service records contain a copy of his DD Form 214 that shows he entered active duty on 20 July 1989, was honorably released from active duty on 18 July 1992, and transferred to the USAR Control Group (Reinforcement), Army Reserve Personnel Center, St Louis, MO, with a Reserve obligation terminal date of 3 April 1997.  At the time, he was credited with completing 2 years, 11 months, and 29 days of net active service this period. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Army Service Ribbon, Overseas Service Ribbon, Kuwaiti (sic) Liberation Medal, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Marksman 


Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 14 (Military 
Education) shows the applicant completed the MANPADS Crewmember course and German Headstart course.  Item 18 (Remarks) shows he served in SWA from 30 December 1990 to 18 May 1991.

5.  The applicant's military service records are absent any evidence of a Persian Gulf War service letter of appreciation or letter of commendation.

6.  A review of the U.S. Army Human Resources Command, Military Awards Branch, Listing of Approved Unit Awards, available via the Internet at: 
https://www.hrc.army.mil/site/active/TAGD/awards/Unit_Awards/unit_awards.htm
failed to show any unit awards that were awarded to the applicant's unit during the period of service under review.

7.  A review of the applicant's military service records reveals that he may be authorized an additional award that is not shown on his DD Form 214.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal and his records do not contain any adverse information.

9.  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.  

10.  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.

11.  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.

12.  Army Regulation 600-8-22, Chapter 6 (Appurtenances, Lapel Buttons, and Miniature Decorations), paragraph 6-16 (Lapel buttons for service), in pertinent part, provides that the Army Lapel Button is a gratuitous issue item made up of a 

minute man in gold color on a red enamel disk surrounded by 16-pointed gold 
rays with an outside diameter of 9/16 inch.  Soldiers with a minimum of 9 months continuous service and transitioning with an honorable characterization of service (i.e., those being transferred to another component for completion of military service obligation and those receiving an Honorable Discharge Certificate) are eligible for the Army Lapel Button.

13.  Army Regulation 600-8-22, Chapter 10 (Certificates, Memorandums, and Letters), paragraph 10-16 (Letters of commendation and appreciation), provides that acts or services which do not meet the criteria for decorations or the various authorized certificates may be recognized by written or oral expressions of commendation or appreciation.  A written expression of commendation or appreciation will be typed on letterhead stationery and will not contain formalized printing, seals, or other distinguishing features which depart from normal letter form.  Such letters may be issued to military personnel.  Copies of each letter of commendation or appreciation will be distributed to the individual's Military Personnel Records Jacket (MPRJ), Military Personnel File, and Official Military Personnel File (OMPF) per Army Regulation 600-8-104.

14.  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, MPRJ, or any other document authorized for filing in the OMPF.

15.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  Item 13 states 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, and list the entries in order of precedence.






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge document should be corrected to show award of the Kuwait Liberation Medal (Kuwait), Army Lapel Button, and unit awards.  He also contends he should be issued all of his authorized awards and a Persian Gulf War service letter of appreciation.

2.  Records show that the applicant served in SWA from 30 December 1990 to
18 May 1991.  In addition, Item 13 of the applicant’s DD Form 214, in pertinent part, shows award of the "Kuwaiti (sic) 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 Kuwaiti Liberation Medal recorded on the applicant’s DD Form 214, with an effective date of 18 July 1992, represents the Kuwait Liberation Medal (Saudi Arabia).  Therefore, in view of the foregoing, it is concluded that:

     a.  records show the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia).  Therefore, it would be appropriate to correct his records to properly show this foreign service medal; and

     b.  records show the applicant qualified for award of the Kuwait Liberation Medal (Kuwait).  Therefore, it would be appropriate to correct his records to show award of this foreign service medal.

4.  Records show the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

5.  Records show the applicant completed a qualifying period of active Federal service for issuance of the Army Lapel Button.  Therefore, it would be appropriate to correct his records to show authorization of the Army Lapel Button.

6.  Records failed to show any unit awards that were awarded to the applicant's unit during the period of service under review.  Therefore, he is not entitled to correction of his records to show any unit awards.

7.  The applicant's records are absent any evidence that shows he was issued a Persian Gulf War service letter of appreciation or letter of commendation based on his service in Southwest Asia.  In the absence of evidence to the contrary, it is 
concluded that such a letter was not issued to the applicant.  In any event, while 
letters of appreciation and/or commendation may be filed in military service records, they are not recorded on the DD Form 214.  Therefore, the applicant is not entitled to correction of his records in this instance.

8.  As a matter of information, awards and service medals are not issued by the Army Board for Correction of Military Records (ABCMR).  The National Personnel Records Center (NPRC), St. Louis, Missouri, is the appropriate government agency to contact concerning the issuance or replacement of Army awards.  Their website is:  http://www.archives.gov/st-louis/military-personnel.
The applicant may obtain his authorized medals by submitting a request in writing to:  National Personnel Records Center, Attention:  Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5100.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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 the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 20 July 1989 to 18 July 1992;

     b.  deleting from Item 13 of his DD Form 214 the “Kuwaiti Liberation Medal”; and

     c.  adding to Item 13 of his DD Form 214 the Good Conduct Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Army Lapel Button.




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 the issuance of unit awards and a Persian Gulf War service letter of appreciation.



      _________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)                                         AR20080014510



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ABCMR Record of Proceedings (cont)                                         AR20080014510



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