IN THE CASE OF:
BOARD DATE: 18 NOVEMBER 2008
DOCKET NUMBER: AR20080014653
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:
a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Good Conduct Medal (AGCM) (6th Award) and the Army Achievement Medal (AAM) (5th Award); and
b. award of the Kuwait Liberation Medal (KLM)SA.
2. The applicant states that he wants his DD Form 214 corrected so that when he wears his uniform he will not be in violation of the Stolen Valor Act.
3. The applicant provides a copy of his DD Form 214 and copies of his AAM orders.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 6 June 1974 through
31 December 1994 until he retired with sufficient years of service for retirement. A review of his official records show that his first period of active duty from
6 June 1974 21 July 1976 was covered by a separate DD Form 214. This DD Form 214 shows that he was awarded the AGCM (1st Award) during this period of service.
3. The official records contain permanent orders showing the applicant was awarded subsequent awards of the AGCM as follows:
6 June 1977 5 June 1980 2nd Award
6 June 1980 5 June 1983 3rd Award
6 June 1983 5 June 1986 4th Award
6 June 1986 5 June 1989 5th Award
4. There is no evidence of a 6th award of the AGCM; however, he would have been eligible for the 6th award covering the period 6 June 1989 5 June 1992. Although there is no automatic entitlement to the AGCM, there is no evidence in the applicant's records showing that he would have been disqualified from receiving it and he retired in good standing.
5. The applicant provided copies of his Permanent Orders showing that he was awarded the AAM (5th Award). His DD Form 214 shows he was awarded the AAM (4th Award).
6. The applicant served in Southwest Asia from 24 January through 4 May 1991. His DD Form 214 shows that he was awarded the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal (without country of award designation).
7. The KLM 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.
8. The KLM 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the AGCM (5th Award) through the period 5 June 1989. He would have been eligible for the 6th award of the AGCM on 5 June 1992. However, there is no evidence in his official records showing he was awarded the AGCM (6th Award). There is no evidence to show he would have been disqualified from receiving this award and he retired in good standing. Therefore, the applicant should be awarded the AGCM (6th Award) covering the period 6 June 1989 5 June 1992 and he should have his records corrected to show this award.
2. Permanent Orders awarded the applicant the AAM (5th Award). Therefore, he is entitled to have his records corrected to show this award.
3. The applicant had a qualifying period of service in SWA for award of the
KLM-SA and KLMK. His DD Form 214 shows that he received the KLM without a country designation. Therefore, his records should be corrected to show he was already awarded the KLMSA, and to show he is also entitled for award of the KLMK.
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 AGCM (6th Award) for the period 6 June 1989 5 June 1992 and correcting the record to show this award;
b. deleting the "AAM (4th Award)" and adding the "AAM (5th Award)" to the applicant's DD Form 214; and
c. deleting the "KLM" and adding the "KLM-SA" and "KLM-K" to the applicant's DD Form 214.
_______ _ 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.
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