IN THE CASE OF:	  

		BOARD DATE:	    11 March 2010

		DOCKET NUMBER:  AR20090016694 


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 records to show two awards of the Good Conduct Medal.

2.  The applicant states he served two separate periods on active duty to qualify for two awards of the Good Conduct Medal.

3.  The applicant provides copies of his two DD Forms 214 (Certificates of Release or Discharge from Active Duty).

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 enlisted and entered active duty in the Regular Army (RA) on 27 August 1985.  Upon completion of training he was awarded military occupational specialty 88M (Motor Transport Operator).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) that he served in

* Germany from 23 February 1987 through 1 June 1988
* Germany from 8 August 1988 through 4 January 1991
* Saudi Arabia from 5 January through 19 June 1991
* Germany from 20 June 1991 to 26 July 1992

   b.   item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, Army Achievement Medal (7th Award), National Defense Service Medal, Army Commendation Medal, Driver and Mechanic Badge with ["W"] Bar, Noncommissioned Officer Professional Development Ribbon, Southwest Asia Service Medal with 2 bronze service stars, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar;
	
4.  A DD Form 214 shows the applicant entered active duty this period on
27 August 1985 and he was honorably discharged on 2 June 1988.

	a.  He had 2 years, 9 months, and 6 days of net active service this period.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Army Achievement Medal (1st Oak Leaf Cluster), Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar, and Driver and Mechanic Badge with "W" Bar.

5.  A DD Form 214 shows the applicant entered active duty as a Regular Army Soldier this period on 23 August 1988 and he was honorably discharged on      27 July 1992.

	a.  He had 3 years, 11 months, and 5 days of net active service this period.

	b.  Item 13 shows the Army Achievement Medal (6th Oak Leaf Cluster), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Southwest Asia Service Medal with 3 bronze service stars, Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar, Driver and Mechanic Badge with "W" Bar, and “Kuwaiti Liberation Medal.”

   c.  Item 18 (Remarks) shows he served in Southwest Asia from 6 January to 19 June 1991.

6.  There is no adverse information or evidence the applicant was disqualified for award of the Good Conduct Medal.
 
7.  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.

8.  Headquarters, 1st Battalion, 39th Field Artillery, Fort Bragg, North Carolina, Permanent Orders 37-1, dated 15 November 1986, awarded the applicant the Army Achievement Medal for meritorious service from 23 January 1986 to
2 January 1987.

9.  Headquarters, 1st Battalion, 39th Field Artillery, Fort Bragg, North Carolina, Permanent Orders 5-12, dated 8 February 1987, awarded the applicant the Army Achievement Medal for meritorious achievement from 14 September 1985 to
31 December 1986.

10.  Headquarters, 565th Engineer Battalion (Provisional) [Germany], Permanent Orders 29-7, dated 11 August 1987, awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) [sic] for meritorious achievement from 28 April to 3 May 1987.

11.  Headquarters, 237th Engineer Battalion (Combat) [Germany], Permanent Orders 3-8, dated 11 January 1988, awarded the applicant the Army Achievement Medal for meritorious achievement on 10 December 1987.

12.  Headquarters, 237th Engineer Battalion (Combat) [Germany], Permanent Orders 26-4, dated 15 April 1988, awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) [sic] for meritorious service from 22 February 1987 to 1 June 1988.

13.  Headquarters, 4th Battalion, 67th Armor, 3rd Armored Division (Spearhead) [Germany], Permanent Orders 23-2, dated 1 June 1989, awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) [sic] for meritorious achievement from 19 to 25 May 1989.

14.  Headquarters, 4th Battalion, 67th Armor, 3rd Brigade, 3rd Armored Division (Spearhead) [Germany], Permanent Orders 32-1, dated 3 July 1990, awarded the applicant the Army Achievement Medal for meritorious achievement from
25 to 28 June 1990.

15.  Headquarters, 4th Battalion, 67th Armor, 3rd Brigade, 3rd Armored Division (Spearhead) [Germany], Permanent Orders 92078-3, dated 18 March 1992, awarded the applicant the Army Achievement Medal for meritorious achievement on 9 March 1992.

16.  Headquarters, 3rd Brigade, 3rd Armored Division [Germany], Permanent Orders 000006-015, dated 29 March 1991, awarded the applicant the Army Commendation Medal for meritorious achievement from 17 January to
28 February 1991.

17.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

	a.  The Army Achievement Medal is awarded to any member of the Armed Forces of the United States who, on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The Military Awards regulation also provides that an oak leaf cluster is awarded to denote each additional award of certain decorations, among which is the Army Achievement Medal.

   b.  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.  

   c.  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.

   d.  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.

18.  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 must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.
   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, 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, the Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

   c.  Item 13 states 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.  List the entries in order of precedence.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served an initial period of active duty service of
2 years, 9 months, and 6 days when he was honorably discharged from the Army.  There is no evidence the applicant was disqualified for his first award of the Good Conduct Medal during the period 27 August 1985 to 2 June 1988.  Therefore, it would be appropriate to award the applicant the Good Conduct Medal and correct his 2 June 1988 DD Form 214 to show the award.

2.  Records show the applicant served a second period of active duty service of
3 years, 11 months, and 5 days when he was honorably discharged from the Army.  There is no evidence the applicant was disqualified for his second award of the Good Conduct Medal during the period 23 August 1988 to 22 August 1991.  Therefore, it would be appropriate to award the applicant the Good Conduct Medal (2nd Award) and correct his 27 July 1992 DD Form 214 to show two awards of the Good Conduct Medal.

3.  Permanent orders awarded the applicant a total of eight awards of the Army Achievement Medal [(Army Achievement Medal (7th Oak Leaf Cluster)].

	a.  Five awards of the Army Achievement Medal occurred during the applicant's initial period of active duty service.  Therefore, it would be appropriate to correct his 2 June 1988 DD Form 214 to show the Army Achievement Medal (4th Oak Leaf Cluster).

	b.  Three awards of the Army Achievement Medal occurred during the applicant's second period of active duty service.  Therefore, it would be appropriate to correct his 27 July 1992 DD Form 214 to show the Army Achievement Medal (7th Oak Leaf Cluster).
4.  Permanent orders awarded the applicant Army Commendation Medal for meritorious achievement from 17 January to 28 February 1991.  Therefore, it would be appropriate to correct his 27 July 1992 DD Form 214 to show this award.

5.  The applicant served in Southwest Asia from 6 January to 19 June 1991.  Item 13 of his (27 July 1992) DD Form 214 shows award of the "Kuwaiti Liberation Medal."

   a.  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 Kuwait Liberation Medal recorded on the applicant's DD Form 214 represents the Kuwait Liberation Medal (Saudi Arabia).  In view of the foregoing, it is concluded that:

   b.  the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and it would be appropriate to correct his DD Form 214 to properly show this foreign service medal; and

   c.  the applicant qualified for award of the Kuwait Liberation Medal (Kuwait). Therefore, it would be appropriate to correct his DD Form 214 to show award of this foreign service medal.

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 (1st award) for the period 27 August 1985 to 2 June 1988;
   
   b.  awarding the applicant the Good Conduct Medal (2nd Award) for the period 23 August 1988 to 22 August 1991;

   c.  correcting item 13 of his 2 June 1988 DD Form 214 by:

       (1) deleting the Army Achievement Medal (1st Oak Leaf Cluster); and

       (2)  adding the Army Achievement Medal (4th Oak Leaf Cluster) and Good Conduct Medal (1st award) ; and

   d.  correcting item 13 of his 27 July 1992 DD Form 214 by:

       (1) deleting the Army Achievement Medal (6th Oak Leaf Cluster) and “Kuwaiti Liberation Medal”; and

       (2)  adding the Army Achievement Medal (7th Oak Leaf Cluster), Good Conduct Medal (2nd Award), Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).



      _______ _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)                                         AR20090016694



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ABCMR Record of Proceedings (cont)                                         AR20090016694



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