IN THE CASE OF:	  

		BOARD DATE:	  	  9 April 2009

		DOCKET NUMBER:  AR20080018340 


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 separation document to show award of the Bronze Star Medal and that he completed the Primary Leadership Development Course. 

2.  The applicant states, in effect, he was awarded the Bronze Star Medal and completed the Primary Leadership Development Course; however, the award and the course are not listed on his separation document.

3.  The applicant provides copies of Headquarters, 1st Infantry Division (Mechanized), Permanent Orders 76-06, dated 7 August 1991; and a DA Form 1059 (Service School Academic Evaluation Report), dated 18 December 1993.

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 personnel records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 24 July 1987.  He then enlisted in the Regular Army and entered active duty for a period of 3 years on 12 July 1988.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 52D (Power Generation Equipment Repairer).

3.  The applicant's military personnel records contain a DA Form 2-1 (Personnel Qualification Record) prepared on 14 July 1988 and reviewed by the applicant on 21 November 1990:

     a.  Item 5 (Oversea Service) shows that he served overseas in Asia-Middle East-Africa (AMEA) in Saudi Arabia from 5 January through 15 May 1991. 

     b.  Item 9 (Awards, Decorations and Campaigns) shows he was awarded the Army Achievement Medal, National Defense Service Medal, Southwest Asia Service Medal with 2 bronze service stars (i.e., for the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns), Army Service Ribbon, Mechanic Badge with “A” Bar, Driver Badge with “W” Bar, Expert Marksmanship Qualification Badge with Hand Grenade, and Marksman Marksmanship Qualification Badge with (M-16) Rifle.

     c.  Item 17 (Civilian Education and Military Schools), in pertinent part, shows the applicant completed the 10-week Power Generation Equipment Repairer course in 1988 and the 2-week Power Generation Mechanic course in 1989.  

     d.  Item 35 (Record of Assignments), in pertinent part, shows he was assigned to Headquarters and Headquarters Battery, 4th Battalion, 5th Field Artillery, Fort Riley, Kansas, from 2 February 1989 through 11 July 1991.

4.  The applicant’s military personnel records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 11 July 1991 and DD Form 215 (Correction to the DD Form 214), dated 8 February 1993: 

   a.  The applicant’s DD Form 214 shows the applicant entered active duty on 
12 July 1988.  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 Army Achievement Medal, National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal, Army Service Ribbon, Mechanic’s Badge, Driver’s Badge and Army Lapel Button. 

   b.  Item 14 (Military Education) of the applicant’s DD Form 214 shows he completed the 10-week Power Generation Equipment Repairer course in 1988 and the 2-week Power Generation Equipment Mechanic course in 1989.  

   c.  Item 18 (Remarks) of the applicant’s DD Form 214, as corrected by the 
DD Form 215, shows the applicant served in Southwest Asia from 5 January to 
15 May 1991.  

   d.  The applicant’s DD Form 214 also shows he was honorably released from active duty (REFRAD) on 11 July 1991 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation), based on expiration term of service, and transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 3 years of prior active service and 4 months and 11 days of foreign service.

5.  The applicant’s military personnel records contain a DA Form 1059, dated
18 December 1993, covering the period 4 December through 18 December 1993.  This document shows the applicant completed the Primary Leadership Development Course at the USAR Noncommissioned Officer Academy, Fort Chaffee (Arizona) from 4 December 1993 through 18 December 1994.  This document also shows that the year in the through date of “18 December 1994” contains a “pen and ink” change and shows the year was changed to correct the through date to “18 December 1993.”

6.  The applicant’s military personnel records show he enlisted in the Army National Guard of the United States (ARNGUS) and Army National Guard of North Dakota (NDARNG) on 16 February 1994.

7.  The applicant’s military personnel records contain an NGB Form 22 (Report of Separation and Record of Service) that shows he enlisted in the Army National Guard of the United States (ARNGUS) and Army National Guard of North Dakota (NDARNG) on 16 February 1994.  Item 12 (Military Education), in pertinent part, shows the applicant completed the 2-week Primary Leadership Development Course (Reserve Component (RC)) in December 1993.  Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) shows he was awarded the Army Achievement Medal, National Defense Service Medal, Southwest Asia Service Medal with 2 bronze service stars, Army Service Ribbon, Driver and Mechanic Badge, and North Dakota National Guard Training Ribbon.  This document also shows the applicant was honorably discharged on
30 April 1995.  At the time he had completed 1 year, 2 months, and 15 days of net service this period; 2 years, 7 months, and 4 days of prior RC service;
3 years of prior active service; and 6 years, 9 months, and 19 days of total service for pay.

8.  The applicant's military personnel records are absent orders or any other evidence that shows he was awarded the Bronze Star Medal.

9.  In support of his application, the applicant provides the following documents:

     a.  Headquarters, 1st Infantry Division (Mechanized), Permanent Orders
76-06, dated 7 August 1991, that show, in pertinent part, the applicant was assigned to Service Battery, 4th Battalion, 5th Field Artillery, Fort Riley, Kansas and awarded the Bronze Star Medal for meritorious service during the period
17 January to 1 March 1991.

     b.  DA Form 1059, dated 18 December 1993, covering the period 4 December through 18 December 1993.  This document shows the applicant completed the Primary Leadership Development Course at the USAR Noncommissioned Officer Academy, Fort Chaffee (Arizona) from 4 December 1993 to 18 December 1994. 

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

11.  There is no evidence the applicant received the first award of the Good Conduct Medal for his active duty service.  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.

12.  Army Regulation 600-8-22 (Military Awards) 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.  

13.  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 to be affixed to the service medal for participation in each campaign, including the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), Liberation and Defense of Kuwait (17 January to 11 April 1991), and Cease-Fire Campaign (12 April 1991 to 30 November 1995).
14.  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 and 28 February 1991.

15.  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 Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

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 were prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  This regulation 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 provides, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

18.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214:

     a.  The instructions for item 13 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, and list the entries in order of precedence.

     b.  The instructions for item 14 provide that in-service training courses will be listed by title, length in weeks, and year successfully completed during the period of service covered.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.  When in doubt, refer to the course description in DA Pamphlet 351-4 to determine its usefulness to the Soldier after transitioning from the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal and that he completed the Primary Leadership Development Course. 

2.  The evidence of record shows the applicant served in Southwest Asia from
5 January to 15 May 1991.  The evidence of record also shows that Permanent Orders awarded the applicant the Bronze Star Medal for meritorious service during the period 17 January to 1 March 1991.  Therefore, it would be appropriate to correct the applicant’s records to show this award.

3.  Records show the applicant’s DD Form 214 was corrected on 8 February 1993 to show award of the Southwest Asia Service Medal with 3 bronze service stars (for participation in 3 campaigns) and award of the Kuwait Liberation Medal.  The evidence of record also shows 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 that was added to the applicant’s DD Form 214 represents the Kuwait Liberation Medal (Saudi Arabia).  In view of the foregoing, it is concluded the applicant also 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 for the period 12 July 1988 to 11 July 1991.

5.  Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Hand Grenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show these two badges with the respective component bars.

6.  The evidence of record shows the applicant completed the 2-week Primary Leadership Development Course at the USAR Noncommissioned Officer Academy, Fort Chaffee, Arizona, on 18 December 1993, which was subsequent to his REFRAD on 11 July 1991.  The evidence of record also shows that only those formal in-service training courses successfully completed during the period of service covered by the DD Form 214 will be listed in item 14.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show this course.

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 12 July 1988 to 11 July 1991;

     b.  deleting from item 13 of his DD Form 214 the Kuwait Liberation Medal; and

     c.  adding to item 13 of his DD Form 214 the Bronze Star Medal, Good Conduct Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  

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 Primary Leadership Development Course.  

3.  The applicant is advised that, upon receipt of a DD Form 215 showing the above corrections to his DD Form 214 with an effective date of 11 July 1991, he may submit a request to The State Adjutant General, NDARNG, for correction of his NGB Form 22 to show all of his authorized awards. 



      _______ _   _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)                                         AR20080018340



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ABCMR Record of Proceedings (cont)                                         AR20080018340



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