IN THE CASE OF:	  

		BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090006868 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal and the Good Conduct Medal.

2.  The applicant states that these awards are not listed on his DD Form 214 and he would like to confirm his entitlement to them.

3.  The applicant provides no documentary evidence in support of his request.

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 Delayed Entry Program on 14 July 1986.  He enlisted in the Regular Army and entered active duty on 2 July 1987.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63G (Fuel and Electrical System Repairer). He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 19 April 1991 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his military service obligations. 

3.  Item 13 (Decoration, 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 Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Overseas Service Ribbon.  Item 13 does not show award of the Southwest Asia Service Medal or the Good Conduct Medal.

4.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 14 October 1992, was rendered to correct the applicant's DD Form 214 for the period ending 19 April 1991.  In pertinent part, this form shows Item 13 was corrected by adding the Southwest Asia Service Medal with 2 bronze service stars and the Kuwait Liberation Medal [this Kuwait Liberation Medal was awarded by the Kingdom of Saudi Arabia; however, it is not specifically identified as such].

5.  There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal.

6.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are no entries in his DA Form 2-1 (Personnel Qualification Record) to indicate that his commanders denied him award of the Army Good Conduct Medal.

7.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Department of Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to Kuwait during the period 1 August 1990 through 31 March 1991.

8.  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.  

9.  Army Regulation 600-8-22 provides that the Kuwait Liberation Medal 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.

10.  Army Regulation 600-8-22 also provides that the Kuwait Liberation Medal 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's contention that his DD Form 214 should be corrected to show award of the Southwest Asia Service Medal and the Good Conduct Medal was carefully considered.

2.  The applicant was issued a DD Form 215 which serves as confirmation that the applicant's record has been corrected to show award of the Southwest Asia Service Medal.  Therefore, no additional action is necessary to correct the applicant's record as pertains to award of the Southwest Asia Service Medal.  A copy of the DD Form 215 will be provided to the applicant along with this Record of Proceedings.

3.  The evidence of record confirms the applicant served honorably during the period from 2 July 1987 through 19 April 1991.  His record is void of any evidence that shows he had lost time, that he received nonjudicial punishment or court-martial action.  There is also no evidence of a suspension of favorable personnel actions or that his commanders denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 2 July 1987 through 1 July 1990 and to correct his records to show this award.

4.  The evidence shows the applicant served on active duty during a designated period of time and place for award of the KLM-SA and KLM-K.

5.  The applicant’s DD Form 214 was corrected through the preparation and distribution of a DD Form 215 to show award of the Kuwait Liberation Medal, 
however, the award is not specifically identified as having been awarded by the Kingdom of Saudi Arabia.  Therefore, the Kuwait Liberation Medal should be deleted and from his DD Form 214 and it should be corrected to show award of the KLM-SA and the KLM-K.

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 Depart-ment of the Army records of the individual concerned be corrected by:

	a.  deleting the Kuwait Liberation Medal from the applicant's DD Form 214;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award);

   c.  adding to the applicant’s DD Form 214 the KLM-SA, KLM-K, and the Army Good Conduct Medal (1st Award) for the period from 2 July 1987 through 1 July 1990; and

   d.  providing him a document to show these changes.




      _______ _  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)                                         AR20090006868



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ABCMR Record of Proceedings (cont)                                         AR20090006868



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