BOARD DATE:	  February 17, 2010

		DOCKET NUMBER:  AR20090009339 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show four awards of the Army Commendation Medal, the Army Achievement Medal, and any new medals related to his service in Southwest Asia. 

2.  The applicant states, in effect, that his DD Form 214 does not show all his awards and decorations.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
7 February 1993; a copy of an Army Achievement Medal certificate, dated
19 March 1992; and a copy of an undated 1st Cavalry Division certificate showing his participation in Operations Desert Shield/Storm, 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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 27 January 1990 for a period of 8 years.  He was discharged from the USAR DEP on 7 May 1990.  On 8 May 1990 he enlisted in the Regular Army (RA) for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 7 February 1993 and he was transferred to the USAR Control Group (Annual Training) for completion of his remaining Reserve obligation.

3.  The applicant’s records show he served in Southwest Asia from 13 November 1990 to 14 April 1991.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division, Fort Hood, TX.

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 Commendation Medal, National Defense Service Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Southwest Asia Service Medal with three bronze service stars, and the Kuwait Liberation Medal.

5.  Headquarters, 2nd Brigade, 1st Cavalry Division, Permanent Orders 36-7, dated 8 April 1991, awarded the applicant the Army Commendation Medal for meritorious service from 13 October 1990 to 4 March 1991.

6.  Headquarters, 2nd Brigade, 1st Cavalry Division, Permanent Orders Number 26-13, dated 22 November 1991, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement from 23 August 1991 to 10 October 1991.

7.  Headquarters, 2nd Brigade, 1st Cavalry Division, Permanent Orders Number 105-87, dated 16 June 1992, awarded the applicant the Army Commendation Medal for meritorious service from 15 May 1992 to 7 June 1992.

8.  Headquarters, 2nd Brigade, 1st Cavalry Division, Permanent Orders Number 146-42, dated 1 February 1993, awarded the applicant the Army Commendation Medal for meritorious service from 12 November 1992 to 24 December 1992.


9.  The applicant submitted a copy of a certificate, dated 19 March 1992, that shows he was awarded the Army Achievement Medal for meritorious achievement as the 2nd Brigade's food service specialist during Blackjack Brigade's NTC [National Training Center] Rotation 92-5 from 3 February 1992 to 27 February 1992.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Army Achievement Medal.  The Army Achievement Medal may be awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  The applicant's record does not contain permanent orders awarding him his first award of the Army Good Conduct Medal.  Additionally, his record is void of any derogatory information in the form of a court-martial, suspension of favorable personnel actions, lost time, non-judicial punishment (NJP), or a commander's disqualification.

13.  Army Regulation 600-8-22 provides for the following:

	a.  The Army 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.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his/her decision.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

	b.  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.



	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) 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.

	d.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show four awards of the Army Commendation Medal, the Army Achievement Medal, and any new medals related to his service in Southwest Asia.

2.  With respect to the Army Commendation Medal, permanent orders awarded the applicant four awards of the Army Commendation Medal for meritorious service and/or achievement, of which three awards are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal (3rd oak leaf cluster).

3.  The evidence of record shows the applicant served honorably during the period 8 May 1990 through 7 February 1993.  He served in Saudi Arabia, attained the rank/grade of SPC/E-4, and he was awarded four awards of the Army Commendation Medal.  Furthermore, his record is void of any lost time, NJP, suspension of favorable personnel actions, or a commander's disqualification.  Therefore, lacking any derogatory information on file that would have disqualified the applicant, it would be appropriate to award him the first award of the Army Good Conduct Medal (first award) and correct his records to show this award.

4.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War from 13 November 1990 to 14 April 1991; therefore, he served a qualifying period for award of the KLM-SA and the KLM-KU.  Therefore, he is entitled to correction of his records to show these awards.

5.  With respect to the Army Achievement Medal, the certificate submitted by the applicant that shows he was awarded the Army Achievement Medal for meritorious achievement from 3 February 1992 to 27 February 1992 is noted; however, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal.  In the absence of permanent orders, the certificate is insufficient by itself to add the Army Achievement Medal to his 
DD Form 214.
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.  deleting from item 13 of his DD Form 214 the Army Commendation Medal and the Kuwait Liberation Medal;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for exemplary behavior, efficiency, and fidelity during the period 8 May 1990 through 7 February 1993; and 

	c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (first award), Army Commendation Medal (3rd oak leaf cluster), Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).

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 award of the Army Achievement Medal.



      _________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)                                         AR20090009339



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ABCMR Record of Proceedings (cont)                                         AR20090009339



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