IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100010771 


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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the following awards:

* Army Good Conduct Medal (AGCM), 2nd Award
* Army Achievement Medal (AAM), 5th Award
* Army Commendation Medal (ARCOM), 2nd Award
* Parachutist Badge
* Kuwait Liberation Medal (KLM)
* Korea Defense Service Medal (KDSM)

2.  The applicant states there are a number of awards he received while serving on active duty that are not listed on his DD Form 214.  He is requesting correction of his DD Form 214 by adding these awards.

3.  The applicant provides the following documents in support of his application:

* AGCM orders for the 1st Award
* Parachutist Badge Orders
* AAM Certificates (5)
* ARCOM Certificates (2)
* Operation Vigilant Warrior Certificate of Service


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 record shows he enlisted in the Regular Army on
18 September 1990.  He was trained in, awarded, and served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman) and the highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  The applicant’s record shows he served in Southwest Asia (SWA) in support of Operation Vigilant Warrior from 28 October through 22 November 1994.  It also shows he completed an overseas tour in Korea.

4.  The record also contains a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]) that shows the applicant accepted non-judicial punishment (NJP) for violating a general regulation by wrongfully purchasing steroids from a Korean Pharmacy on or about 29 October 1996 and by wrongfully using steroids on or about 31 October 1996.  His record is void of documents or orders showing he was ever recommended for or awarded the 2nd award of the AGCM.

5.  On 7 October 1997, the applicant was discharged by reason of misconduct.  He received a general discharge (GD) under honorable conditions after completing 7 years, 4 months, and 22 days of total active military service.  Item 13 of his DD Form 214 shows he earned the following awards during his active duty tenure:

* ARCOM
* National Defense Service Medal (NDSM)
* Southwest Asia Service Medal (SWASM) with 1 bronze service star
* Noncommissioned Officer Professional Development Ribbon


* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR) with Numeral 2
* Army Superior Unit Award (ASUA)
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars

6.  The applicant provides five AAM certificates showing he earned the AAM for meritorious service or achievement for the following periods and that these awards were authorized and announced in official orders:

* 14-21 February 1995 for achievement by Orders 049-12
* 20-29 March 1995 for achievement by Orders 057-02
* 1 August to 1 September 1995 for service by Orders 81-19
* 8-11 December 1995 for achievement by Orders 99-04
* 16-19 January 1996. for achievement by Orders 122-01

7.  The applicant also provides two ARCOM certificates showing he was awarded the ARCOM for meritorious achievement or service for the following periods and that these awards were authorized and announced in official orders:

* 20 February 1996 to 28 May 1996 for achievement by Permanent Orders 215-6
* 15 January 1993 to 15 July 1996 for service by Permanent Orders 184-7

8.  The applicant also provides Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 119-705, dated 24 June 1993, which awarded him the Parachutist Badge, effective 2 July 1993.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-20 contains guidance on the KDSM.  It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea from 28 July 1954 to a future date to be determined by the Secretary of Defense.

10.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  There is no automatic entitlement to the AGCM. 


11.  Paragraph 9-14 of the awards regulation contains guidance on the KLM-Saudi Arabia (KLM-SA) and paragraph 9-15 contains guidance on the KLM-Kuwait (KLM-KU).  The KLM-SA is authorized for members who served in SWA and participated in Operation Desert Storm between 17 January 1991 and 
28 February 1991.  The KLM-KU is authorized to members who served in SWA and participated in Operations Desert Shield and Desert Storm between 
2 August 1990 and 31 August 1993.  Neither of these awards was authorized for service in SWA after 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the awards he identifies should be added to his record and DD Form 214 has been carefully considered and found to have partial merit.

2.  The evidence of record confirms the applicant completed a tour in Korea; therefore, he is eligible for the KDSM.  The documents provided by the applicant further confirm he was awarded five awards of the AAM, two awards of the ARCOM, and the Parachutist Badge.  As a result, it would be appropriate to add these awards to his DD Form 214.

3.  The applicant’s contention that the 2nd award of the AGCM and the KLM should be added to his record and DD Form 214 has also been carefully considered.  However, there is insufficient evidence to support granting this portion of the requested relief.  

4.  By regulation, there is no automatic entitlement to the AGCM and it must be recommended by the member’s unit commander.  In this case, given the applicant’s record contains derogatory information that makes it highly likely his commander did not recommend the applicant for the second award of the AGCM for the period between 1993 and 1996, it would not be appropriate to award it at this time.

5.  Further, the regulation confirms the period of eligibility for the KLM expired on 31 August 1993.  Therefore, since the applicant’s service in SWA was performed in 1994, he was not eligible for this 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.  deleting from item 13 of his DD Form 214 the Army Commendation Medal and Army Achievement Medal; and
   
   b.  adding to item 13 of his DD Form 214 the Army Commendation Medal (2nd Award), Army Achievement Medal (5th Award), Korea Defense Service Medal, and the Parachutist Badge.

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 the 2nd Award of the Army Good Conduct Medal and Kuwait Liberation Medal 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)                                         AR20100010771



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ABCMR Record of Proceedings (cont)                                         AR20100010771



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