BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090018515 


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 his records be corrected by:

* showing his service in Southwest Asia (SWA) during Operation Desert Storm
* adding an Army Achievement Medal, dated 26 April 1989 (for the period 11-29 March 1989)
* adding an Army Commendation Medal, dated 10 April 1991 (for the period 17 January 1991 to 10 April 1991)

2.  The applicant states he needs these corrections to demonstrate to the Department of Veterans Affairs he served in combat.

3.  The applicant provides:

* an Army Achievement Medal Certificate
* an Army Commendation Medal Certificate

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 in the Regular Army on 6 April 1988 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 19K (M1 Armor Crewman).

3.  The applicant arrived in Germany and was assigned to Headquarters and Headquarters Company (HHC), 4th Battalion, 66th Armor, 3rd Infantry Division (ID), on 12 August 1988.

4.  The applicant's records contain Headquarters, 3rd Brigade, 3rd ID, Permanent Orders 63-12, dated 3 May 1989, which show the applicant was awarded the Army Achievement Medal for meritorious achievement during the period 11 March 1989 through 29 March 1989.  These are the orders supporting the Army Achievement Medal Certificate provided by the applicant.

5.  The applicant's records contain no other orders showing additional awards of the Army Achievement Medal.

6.  The applicant's records contain Headquarters, 3rd Brigade, 3rd ID, Permanent Orders 3-188, dated 28 March 1991, which show the applicant was awarded the Army Commendation Medal for meritorious service while deployed to Southwest Asia in combat operations associated with Operation Desert Storm during the period 17 January 1991 through 10 April 1991.  These are the orders supporting the Army Commendation Medal Certificate provided by the applicant.

7.  The applicant's records contain Headquarters, 3rd Brigade, 1st Cavalry Division, Permanent Orders 45-82, dated 7 July 1992, which show the applicant was awarded the Army Commendation Medal with oak leaf cluster for meritorious achievement from 1-3 April 1992.

8.  Item 5 of the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he was deployed to SWA for the period 30 December 1990 through 5 May 1991.  During Operation Desert Storm, HHC, 4th Battalion, 66th Armor, 3rd ID, was attached to the 1st Armored Division.

9.  178th Personnel Services Company Permanent Orders 40-4, dated 20 December 1991, show the applicant was awarded the Army Good Conduct Medal (1st Award) for the period 6 April 1988 through 5 April 1991.

10.  The applicant departed Germany on 9 December 1992.

11.  Headquarters, Department of the Army, General Orders Number 27, dated 27 December 1994, shows the 4th Battalion, 66th Armor, was awarded the Valorous Unit Award for exceptionally meritorious service for the period 24 February 1991 through 28 February 1991.

12.  On 6 April 1995, the applicant was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to disability with severance pay in the grade of specialist/E-4 after completing 7 years and 1 day of creditable active service with no lost time.

13.  The applicant's DD Form 214 for the period ending 6 April 1995 shows he was awarded the Army Lapel Button, the Army Commendation Medal (2nd Award) the Army Achievement Medal (2nd Award), the Army Good Conduct Medal, the National Defense Service Medal, the Southwest Asia Service Medal with three bronze service stars, the Overseas Service Ribbon, the Army Service Ribbon, the Kuwait Liberation Medal, the Expert Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.

14.  There is no evidence the applicant received the Army Good Conduct Medal (2nd Award) for the period 6 April 1991 to 5 April 1994.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal (2nd Award).  His records do not contain any adverse information.

15.  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.

16.  Army Regulation 635-5 (Separation Documents) states, in item 18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

17.  Army Regulation 600-8-22 states there are two Kuwait Liberation Medals.

	a.  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 1991 and 28 February 1991.

	b.  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 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the military personnel records jacket, the career management individual file, and Army personnel qualification records.  It states that a copy of an award citation, when not included in the award order, would be filed on the performance fiche (commendatory and disciplinary section) of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his records to reflect his SWA service during Operation Desert Storm, an Army Achievement Medal for the period 11 March 1989 through 29 March 1989, and an Army Commendation Medal for the period 17 January 1991 through 10 April 1991.

2.  The evidence of record shows the applicant deployed to SWA in support of Operation Desert Storm for the period 30 December 1990 through 5 May 1991.  Therefore, his DD Form 214 should be amended to add "SERVICE IN SOUTHWEST ASIA FROM 19901230-19910505" in item 18.

3.  The applicant's OMPF contains permanent orders awarding him the Army Achievement Medal for the period 11 March 1989 through 29 March 1989 and permanent orders awarding him the Army Commendation Medal for the period 17 January 1991 through 10 April 1991.  In accordance with Army Regulation 600-8-104, a copy of an award citation, when not included in the award order, would be filed on the performance fiche (commendatory and disciplinary section) of the OMPF.  Therefore, a copy of the Army Achievement Medal and Army Commendation Medal certificates should be added to the performance fiche (commendatory and disciplinary section) of the applicant's OMPF.

4.  The applicant's DD Form 214 already contains an entry in item 13 showing two awards of the Army Achievement Medal.  Because his records only reflect one award, it appears the award submitted by the applicant is already shown on the DD Form 214, thus no other action is required.
5.  The applicant's DD Form 214 already contains an entry in item 13 showing two awards of the Army Commendation Medal.  Because his records only reflect two awards, it appears the award submitted by the applicant is already shown on the DD Form 214, thus no other action is required.

6.  The applicant served honorably for 7 years without lost time.  There is no record of any adverse action or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it appears he met the eligibility criteria for the second award of the Army Good Conduct Medal based on completion of qualifying service from 6 April 1991 through 5 April 1994.

7.  The applicant's DD Form 214 shows he was awarded the Kuwait Liberation Medal.  However, his DD Form 214 should show that he was awarded both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  His DD Form 214 should be amended to show the two awards.

8.  The applicant was assigned to a unit during a period of time the unit was awarded the Valorous Unit Award.  Therefore, his DD Form 214 should be amended to add this unit award.

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 the applicant the Army Good Conduct Medal (2nd Award) for the period 6 April 1991 through 5 April 1994;

	b.  deleting the entry "Kuwait Liberation Medal" from item 13 of his DD Form 214;

	c.  amending item 13 of his DD Form 214 to add the Army Good Conduct Medal (2nd Award), the Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal-Kuwait, and the Valorous Unit Award;

	d.  amending item 18 of his DD Form 214 to add "SERVICE IN SOUTHWEST ASIA FROM 19901230-19910505"; and

	e.  adding the Army Achievement Medal Certificate, dated 26 April 1989, and the Army Commendation Medal Certificate, dated 10 April 1991, to the performance fiche (commendatory and disciplinary section) of his OMPF.

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 adding any additional Army Achievement Medals and Army Commendation Medals to his DD Form 214.



      ____________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)                                         AR20090018515



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ABCMR Record of Proceedings (cont)                                         AR20090018515



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