BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013482 


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) for the period ending 30 September 1992 to show the Army Good Conduct Medal, Kuwait Liberation Medal, and Southwest Asia Service Medal (SWASM).

2.  The applicant states these medals were not listed on his DD Form 214 for the period ending 30 September 1992.

3.  The applicant provides:

* DD Form 214
* DA Form 638-1 (Recommendation for Award)
* DD Form 1610 (Request and Authorization for TDY [Temporary Duty] Travel of DOD [Department of Defense] Personnel)

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 entire military records covering the period 9 September 1988 to 30 September 1992 are not available to the Board.

3.  Having prior active service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 9 September 1988.  He served as a single channel radio operator and was honorably discharged on 30 September 1992 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-8, for reduction in authorized strength - Qualitative Retention Program.  He served 4 years and 22 days of creditable active service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 30 September 1992 shows the Army Achievement Medal, National Defense Service Medal, Sea Service Deployment Ribbon (Navy-Marine Corps), Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Grenade Bar as authorized awards.  Item 18 (Remarks) of this DD Form 214 does not show any deployments.

5.  There are no orders for the Army Good Conduct Medal in the available records.

6.  The applicant provided an undated first page of a DA Form 638-1 for award of the Army Achievement Medal.  Item 13 (Previous Awards) of this form shows the entry "NDSR, Good Conduct, 2 AAM, Kuwait Liberation Medal, Southwest Asia Service."

7.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 and one record for each Reserve and National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm.

8.  The Operations Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 4 February 1991 to 12 April 1991.

9.  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.  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.

10.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

11.  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.

12.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) 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.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  Although the incomplete DA Form 638-1 provided by the applicant shows the "Good Conduct" as a previous award, there are no orders for the Army Good Conduct Medal in the available records.  Since the applicant's service personnel records are not available, there is insufficient evidence on which to base award of the Army Good Conduct Medal in this case.

2.  Based on the applicant's service in Southwest Asia, he is authorized the SWASM with two bronze service stars, KLM-SA, and KLM-KU.  Therefore, his DD Form 214 for the period ending 30 September 1992 should be corrected to show these medals.

3.  As a related issue, the entry from the DMDC is accepted as sufficient evidence on which to amend item 18 of the applicant's DD Form 214 to show his dates of service in Southwest Asia.  Therefore, item 18 of his DD Form 214 for the period ending 30 September 1992 should be corrected to show he served in Southwest Asia from 4 February 1991 to 12 April 1991.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  adding the SWASM with two bronze service stars, KLM-SA, and KLM-KU to item 13 of his DD Form 214 for the period ending 30 September 1992 and

	b.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910204-19910412" to item 18 on this DD Form 214.

2.  The Board further determined 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 Army Good Conduct Medal to his DD Form 214 for the period ending 30 September 1992.



      __________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)                                         AR20100013482



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ABCMR Record of Proceedings (cont)                                         AR20100013482



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