IN THE CASE OF:	

		BOARD DATE:	  30 December 2009

		DOCKET NUMBER:  AR20090012829 


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 his home of record as Euless, Texas; and to add awards of the Army Achievement Medal with 3rd Oak Leaf Cluster and the Army Good Conduct Medal (3rd Award).

2.  The applicant states that these awards were not added to his DD Form 214 and that his home of record is incorrect.

3.  The applicant provides, in support of his application, copies of his DD Form 214, Permanent Orders 25-1, dated 26 March 1992, awarding him the Army Good Conduct Medal (3rd Award); DA Form 638 (Recommendation for Award), dated 10 February 1992 with the Army Achievement Medal Certificate; and Permanent Orders 17-01, dated 28 June 1991.

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.  A DD Form 4 (Enlistment/Reenlistment Contract), dated 7 January 1983, shows that the applicant enlisted in the Regular Army for a period of 3 years commencing on 15 March 1983.  Item 5 (Home of Record) of this same form indicates that his home of record was Elkhart, Indiana.

3.  A DD Form 4, dated 29 October 1985, shows that the applicant reenlisted in the Regular Army for a period of 3 years.  Item 3 (Home of Record) of this same form indicates that his home of record was Elkhart, Indiana.

4.  A DD Form 4, dated 11 February 1988, shows that the applicant reenlisted in the Regular Army for a period of 5 years.  Item 3 of this same form indicates that his home of record was Elkhart, Indiana.

5.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows that he served in Saudi Arabia for a period of 5 months from 28 December 1990 to 17 May 1991.

6.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's 
DA Form 2-1 shows that as of 28 August 1991 he had been awarded three Army Achievement Medals and two Army Good Conduct Medals.

7.  A DA Form 638 initiated on 10 February 1992 recommended the applicant for award of the Army Achievement Medal with a third oak leaf cluster.  The recommendation was approved by the appropriate authority on 15 February 1992.  Part D (Orders Data) of this same form indicates that Permanent Orders Number 11-3, dated 20 February 1992, awarded the applicant the recommended medal.

8.  Permanent Orders 25-1, 9th Personnel Service Company, dated 26 March 1992, awarded the applicant the Army Good Conduct Medal (3rd Award) for the period 14 March 1989 to 13 March 1992.

9.  On 27 March 1992, the applicant was honorably discharged from the Regular Army.  He had attained the rank of sergeant, pay grade E-5, and had completed 9 years and 13 days of creditable active duty service.

10.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Army Achievement Medal with two oak leaf clusters, Army Good Conduct Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 2, Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal, Overseas Service Ribbon (two awards), and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show a fourth award of the Army Achievement Medal or a third award of the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides that 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 Army Good Conduct Medal, disqualification must be justified.  A bronze clasp with three loops denotes the third award of the Army Good Conduct Medal.

12.  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 for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

13.  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.

14.  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.

15.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that the enlistment contract is the source document for determining the home of record entry on the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his home of record as Euless, Texas, and to add a fourth award of the Army Achievement Medal and a third award of the Army Good Conduct Medal.

2.  The applicant's DD Forms 4 clearly show that at the time of his initial enlistment and two subsequent reenlistments, his home of record was established as Elkhart, Indiana.  In accordance with the governing regulation, the applicant's DD Form 214 shows Elkhart, Indiana, as his home of record.  Therefore, the applicant's request to change his home of record on his DD Form 214 should be denied.

3.  Permanent orders show that the applicant was awarded four Army Achievement Medals and three Army Good Conduct Medals.  Therefore, his DD Form 214 should be corrected to show all of these awards.

4.  Records show that the applicant participated in three campaign periods during his service in Saudi Arabia.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Southwest Asia Service Medal.

5.  Records show that the applicant served during a qualifying period for award of the KLM-SA and the KLM-KU.  Therefore, he is eligible for both of these foreign awards.

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 Achievement Medal (2nd Oak Leaf Cluster), Army Good Conduct Medal (2nd Award), Southwest Asia Service Medal with two bronze service stars, and Kuwait Liberation Medal; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Achievement Medal (3rd Oak Leaf Cluster) Army Good Conduct Medal (3rd Award), Southwest Asia Service Medal with three bronze service stars, KLM-SA, and KLM-KU.

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 changing his home of record.



      ____________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)                                         AR20090012829



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ABCMR Record of Proceedings (cont)                                         AR20090012829



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