IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20090001224 


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 second award of the Good Conduct Medal.

2.  The applicant states that his immediate commander approved a recommendation for award of the Good Conduct Medal (2nd Award) but he did not receive permanent orders for this award prior to his expiration term of service (ETS) date.

3.  The applicant provides a copy of a memorandum, dated 27 November 1991, recommending him for award of the Good Conduct Medal. 

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 records show he enlisted in the Regular Army for a period of 3 years on 19 November 1985.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19K (M-1 Tank Crewman).  His records also show he executed a 5 month extension on 14 September 1988 and a 3 year reenlistment on 8 March 1989.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 7 March 1992, and enlisted in the Idaho Army National Guard on 8 March 1992.

3.  The applicant's records also show he served in Southwest Asia in support of Operations Desert Shield/Storm from 13 October 1990 to 20 March 1991.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Southwest Asia Service Medal with two bronze service stars, the German Armed Forces Marksmanship Badge (Bronze), the Army Achievement Medal (1st Oak Leaf Cluster), the Good Conduct Medal (1st Award), the Kuwait Liberation Medal (KLM), the Army Achievement Medal (1st Oak Leaf Cluster), the Expert Marksmanship Qualification Badge with Rifle, Grenade, and Pistol Bars, the Overseas Service Ribbon, and the Noncommissioned Officer Development Ribbon.

5.  Headquarters, 507th Personnel Service Company, Germany, Permanent Orders 148-1, dated 27 October 1988, show the applicant was awarded the Good Conduct Medal (1st award) for exemplary behavior, efficiency, and fidelity from 19 November 1985 through 18 November 1988.

6.  The applicant submitted a copy of a memorandum, dated 27 November 1991, from the Chief, Personnel Records Division, 24th Personnel Service Company, Fort Stewart, GA, to the applicant's commander, that shows the applicant was due an award of the Good Conduct Medal and that he was tentatively scheduled for this award in November 1991.  This memorandum was endorsed by the applicant's commander who confirmed the applicant's loyalty, faithful service, and exemplary performance, and indicated that the award of the Good Conduct Medal was approved.  

7.  The applicant's record does not contain orders awarding him the second award of the Good Conduct Medal.

8.  The applicant's record does not contain any derogatory information that would have disqualified him from receiving his second award of the Good Conduct Medal.

9.  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 continuous years of active service 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.  Army Regulation 600-8-22 provides for award of the Kingdom of Saudi Arabia (KLM-SA).  It was approved on 3 January 1992 and it 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.  Army Regulation 600-8-22 also provides for award of the KLM awarded by the Government of Kuwait (KLM-K).  It was approved on 9 November 1995 and it 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 contends that he should be awarded a second award of the Good Conduct Medal.

2.  The evidence of record shows that in addition to the KLM-SA (shown as the Kuwait Liberation Medal on his DD Form 214), the applicant is also entitled to award of the KLM-K and correction of his records to show this award.

3.  The evidence of record shows the applicant was recommended by his immediate commander for a second award of the Good Conduct Medal; however, it appears that permanent orders were not issued.  Furthermore, the applicant executed a 3-year reenlistment, attained the rank/grade of SGT/E-5, and completed 5 months and 8 days of combat service in Southwest Asia.  His record is void of any derogatory information that would have disqualified him from being awarded the second award of the Good Conduct Medal.  Therefore, the applicant should be awarded the second award of the Good Conduct Medal and his records should be corrected to show this award.






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 (2nd Award) for exemplary behavior, efficiency, and fidelity during the period 19 November 1988 through 18 November 1991; 

	b.  deleting the Good Conduct Medal (1st Award) from the applicant's DD Form 214, dated 7 March 1992;

	c.  deleting the entry "Kuwait Liberation Medal" from the applicant's DD Form 214; and

	d.  adding the Good Conduct Medal (2nd Award) and the KLM-SA and the KLM-K to the applicant's DD Form 214, dated 7 March 1992.




      _______ _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.

ABCMR Record of Proceedings (cont)                                         AR20090001224



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001224



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1