BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090018177 


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 the Army Commendation Medal with First Oak Leaf Cluster, the Army Good Conduct Medal (Second Award), the Humanitarian Service Medal, the Overseas Service Ribbon, and the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 October 1994.

2.  The applicant states he was not awarded the Army Good Conduct Medal (Second Award) and the above awards are not included on his DD Form 214.

3.  The applicant provides copies of two DA Forms 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)).

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.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available to them.  Approval authority for the Humanitarian Service Medal for Army veterans and retirees prior to 1 October 2002 is the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132–5100.  There is no evidence the applicant has requested the Humanitarian Service Medal from the National Personnel Records Center.  Therefore, he has not exhausted all administrative remedies available.  Therefore, the issue of the Humanitarian Service Medal will not be discussed further in these Proceedings.

3.  The applicant's military personnel records show he enlisted in the Regular Army on 16 October 1990.  He had previously served in the:

* Army National Guard 2 years, 3 months, and 27 days
* Regular Army for 2 years, 11 months, and 29 days
* U.S. Army Reserve 5 months and 10 days 

4.  Headquarters, 101st Airborne Division (Air Assault) Fort Campbell, KY, Permanent Orders 31-2, dated 14 February 1990, awarded the applicant the Army Good Conduct Medal for service from 6 May 1987 through his date of separation on or about 4 May 1990.

5.  On 6 November 1990, the applicant was assigned to the 69th Chemical Company in Germany.  He served in a temporary duty (TDY) status in Saudi Arabia from 17 December 1990 to 29 April 1991 until he returned to Germany.

6.  Division Support Command, 1st Armored Division Permanent Order Number 
26-500, dated 5 April 1991, awarded the applicant the Army Commendation Medal for meritorious achievement during the period 17 January to 15 March 1991.

7.  On 27 June 1991, the applicant left Germany and returned to the U.S. enroute to Fort Bliss, TX.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he did not complete a normal tour in Germany.

8.  The applicant was promoted to sergeant/pay grade E-5 on 1 October 1992.

9.  Headquarters, 3rd Armored Cavalry Regiment Permanent Order 
Number 97-08, dated 16 August 1994, awarded the applicant the Army Commendation Medal with First Oak Leaf Cluster for meritorious service during the period 28 June 1991 to 31 July 1994.

10.  On 15 October 1994, the applicant was honorably discharged by reason of completion of required active service.  He had completed 4 years of active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded or is authorized the:

* Army Commendation Medal with First Oak Leaf Cluster 
* Army Good Conduct Medal (Second Award) 
* Overseas Service Ribbon

11.  Item 13 shows he was awarded or is authorized the:

* Army Commendation Medal 
* Army Good Conduct Medal
* Kuwait Liberation Medal

12.  There is no evidence the applicant was issued the Army Good Conduct Medal (Second Award) for the period 16 October 1990 to 15 October 1993.  His records do not show indiscipline or lost time and there is no evidence he was disqualified by his chain of command.

13.  Department of the Army General Order Number 1, dated 31 March 1996, awarded the 69th Chemical Company the Meritorious Unit Commendation (Army) for the period 24 December 1990 to 28 April 1991.

14.  Army Regulation 600-8-22 (Military Awards) states 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.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

15.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.  

16.  Army Regulation 600-8-22 states the KLM-SA 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 1991 and 28 February 1991.

17.  Army Regulation 600-8-22 states the Kuwait Liberation Medal - Government of Kuwait (KLM-K) 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 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation lists overseas tour lengths and lists the tour length for Germany as 36 months if accompanied by dependents and 24 months for all others.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Army Commendation Medal with First Oak Leaf Cluster, the Army Good Conduct Medal (Second Award), the Overseas Service Ribbon, and the KLM-SA.

2.  The applicant was awarded the Army Commendation Medal and the Army Commendation Medal with First Oak Leaf Cluster.  Therefore, item 13 of his 
DD Form 214 for the period ending 15 October 1994 should show he was awarded the Army Commendation Medal with First Oak Leaf Cluster.

3.  The applicant was awarded his first award of the Army Good Conduct Medal at the conclusion of his first period of active service in the Regular Army 
on 4 May 1990.  He then enlisted in the Regular Army again on 16 October 1990 and served until 15 October 1994.  Therefore, he would have been eligible for the Army Good Conduct Medal (Second Award) on 15 October 1993.  

4.  There is no evidence the applicant was disqualified by his chain of command from receiving a the Army Good Conduct Medal (Second Award).  His records do not show indiscipline or lost time and they do not contain any adverse information.  In addition, he was awarded two Army Commendation Medals that included this period of service.  Therefore, the preponderance of the evidence shows he should be awarded the Army Good Conduct Medal (Second Award) for the period from 16 October 1990 to 15 October 1993 and to have this medal included on his DD Form 214.

5.  The applicant's DD Form 2-1 shows he did not complete a successful overseas tour for length of service for Germany.  The requirement was 24 months and he only completed a total of 13 months overseas.  This includes his period of TDY to Saudi Arabia.  Therefore, he is not entitled to the Overseas Service Ribbon.

6.  Based on the applicant's service with the 69th Chemical Company, he is authorized the Meritorious Unit Commendation (Army).

7.  Based on the applicant's period of TDY in Saudi Arabia from 17 December 1990 to 29 April 1991 he is authorized the KLM-SA and the KLM-K.

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.   awarding him the Army Good Conduct Medal (Second Award) for period 16 October 1990 to 15 October 1993; and

	b.  amending item 13 of his DD Form 214 with a separation date of               15 October 1994 by: 

* deleting - the Army Commendation Medal, the Army Good Conduct Medal, and the Kuwait Liberation Medal
* adding - the Army Commendation Medal with First Oak Leaf Cluster, the Army Good Conduct Medal (Second Award), the Meritorious Unit Commendation (Army), the KLM-SA, and the KLM-K. 


3.  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 the Overseas Service Ribbon.  




      _______ _   _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)                                         AR20090018177



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ABCMR Record of Proceedings (cont)                                         AR20090018177



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