IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010


		DOCKET NUMBER:  AR20100012729 


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 all of the awards to which he is entitled, specifically the Army Achievement Medal and the Good Conduct Medal.

2.  The applicant states the awards were issued; however, they were never included on his DD Form 214.

3.  The applicant provides:

* a copy of his DD Form 214 dated 2 April 1989
* a copy of his DD Form 214 dated 24 May 1991
* a letter from the Grant Traverse County Department of Veterans Affairs

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.  On 3 April 1986, the applicant enlisted in the Army for 3 years in the pay grade of E-1.  He completed training as an infantryman and he was promoted through the ranks to the pay grade of E-4.  

3.  After completing 3 years of net active service this period, he was honorably released from active duty (REFRAD) on 2 April 1989, at the expiration of his term of service.  He was transferred to the United States Army Reserve (USAR) to complete his Reserve obligation.  The DD Form 214 he was issued shows he was awarded the Army Service Ribbon and the Parachutist Badge.

4.  On 6 December 1990, the applicant was ordered to active duty in support of Operations Desert Shield/Storm.  He arrived in Southwest Asia on 15 January 1991 and he returned to the U.S. on 22 April 1991.  

5.  After completing 5 months and 19 days of net active service this period, the applicant was honorably REFRAD on 24 May 1991, at the expiration of his term of service.  He returned to the USAR to complete his Reserve obligation.  The DD Form 214 he was issued show the following awards:

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal
* Parachute Rigger Badge

6.  In reply to a request from the applicant, on 6 November 1992, the Army Reserve Personnel Center, St. Louis, Missouri, notified the applicant that he was authorized the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal.  The medals were forwarded to the applicant and a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was prepared amending his DD Form 214 dated 24 May 1991 to add both awards.

7.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded the Marksman Marksmanship Qualification Badge (Rifle M-16) and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.




8.  A review of the applicant's records does not reveal orders awarding him the Army Achievement Medal.  His records also do not show that he qualified for the Parachute Rigger Badge.

9.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  There is no automatic entitlement to the Army Good Conduct Medal; however, disqualification must be justified.

11.  Army Regulation 600-8-22 states the Army Lapel Button is a gratuitous issue and the eligibility requirements are as follows:  (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate); (b) transitioning under a non-adverse separation provision; (c) have served a minimum 9 months continuous service - a break in service is 24 hours or more; (d) have had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.  

12.  Army Regulation 600-8-22 states 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.

13.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record, nor has the applicant submitted any evidence, to show that he was awarded the Army Achievement Medal Therefore, this award should not be included on his DD Form 214.

2.  However, it appears he is authorized the Good Conduct Medal (First Award).  There is no evidence in his records of any court-martial convictions, personnel actions or statements that would justify disqualifying him for award of the Good Conduct Medal (First Award).

3.  The applicant also met the eligibility criteria for award of the KLM-SA, the KLM-K, and the Army Lapel Button.  In addition, his Parachutist Badge should be added to his 1991 DD Form 214.

4.  Further, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Grenade Bar should be added to his 1991 DD Form 214.

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 his DD Form 214 dated 24 May 1991 the Kuwait Liberation Medal, 

	b.  awarding him the Good Conduct Medal (First Award) for the period 3 April 1986 through 2 April 1989, and

	c.  adding to his DD Form 214 dated 24 May 1991 the following awards:

* Good Conduct Medal (First Award)
* Army Lapel Button
* Kuwait Liberation Medal-SA
* Kuwait Liberation Medal-K
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

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 amending his DD Form 214 to show he was awarded the Army Achievement Medal.




      _______ _   _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)                                         AR20100012729



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ABCMR Record of Proceedings (cont)                                         AR20100012729



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