IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100020121 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the following:

* Army Good Conduct Medal
* Army Commendation Medal
* Army Achievement Medal with Oak Leaf Cluster
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
* National Defense Service Medal

2.  The applicant states, in effect, he was awarded or met the regulatory requirements for these awards; however they were omitted from his DD Form 214.

3.  The applicant provides:

* DD Form 214, effective 25 June 1991
* DD Form 215 (Correction to DD Form 214), dated 13 August 1992
* Army Achievement Medal award certificate, dated 29 September 1989
* Army Achievement Medal award certificate, dated 3 June 1991
* Army Commendation Medal award certificate, dated 1 April 1991


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 records show he enlisted in the Regular Army on 24 May 1988 and held military occupational specialty 13P (Multiple Launch Rocket System Operator/Fire and Direction).  He was honorably released from active duty in the rank/grade of specialist/E-4 on 25 June 1991 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Overseas Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal, Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.  

4.  Item 18 (Remarks) shows the entry "SERVICE in SWA 25 DEC 1990 to 
4 MAY 1991."

5.  On 13 August 1992, he was issued a DD Form 215 that deleted the Southwest Asia Service Medal from item 13 of his DD Form 214 and added the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation.

6.  He provides award certificates for an Army Commendation Medal and two Army Achievement Medals.  These certificates do not contain any order information.

7.  Army Regulation 600-8-22 (Military Awards) states:

	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.

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 
1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 
11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	d.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 
1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	f.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the award of the Army Good Conduct Medal, Army Commendation Medal, Army Achievement Medal with Oak Leaf Cluster, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, and National Defense Service Medal.

2.  The evidence of record confirms he was deployed to Southwest Asia during a qualifying period for award of both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, his record should be corrected to show these foreign awards.

3.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he was promoted to specialist, no indiscipline or lost time and does not contain any adverse information.  Therefore, the preponderance of the evidence shows he should be awarded the Army Good Conduct Medal (First Award) for the period from 24 May 1988 to 23 May 1991 and to have this medal included on his DD Form 214.

4.  Army policy specifically states award of decorations including the ARCOM and AAM will be announced in permanent orders.  Without these permanent orders, correction to a Soldier's record cannot be accomplished.  Therefore, there is insufficient evidence to correct his DD Form 214 to show these two decorations.

5.  The NDSM is shown own his DD Form 214; therefore, no correction is required.

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 (first award) for the period 
24 May 1988 through 23 May 1991; and 

	b.  adding the Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, and Army Good Conduct Medal (first award) item to 13 of his DD Form 214.  
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 the award of National Defense Service Medal, Army Commendation Medal, and Army Achievement Medal with Oak Leaf Cluster.  



      _______ _   _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)                                         AR20100020121





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ABCMR Record of Proceedings (cont)                                         AR20100020121



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