IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100021622 


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 awards of the Army Good Conduct Medal (1st Award), Kuwait Liberation Medal - Kuwait, and the Cold War Victory Medal (properly known as the Cold War Recognition Certificate).

2.  The applicant states, in effect, he should have been authorized the Army Good Conduct Medal due to completing 3 years of service.  He also states the Kuwait Liberation Medal - Kuwait and the Cold War Recognition Certificate were not authorized until after he was discharged from active duty. 

3.  The applicant provided no additional evidence. 

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 February 1989 and he held military occupational specialty 75B (Personnel Administration Specialist).  He served in Southwest Asia from 1 October 1990 to 24 March 1991 while assigned to the 1st Battalion, 14th Field Artillery, 24th Infantry Division, Fort Stewart, GA.

3.  A review of his official military personnel file reveals it does not contain any evidence of derogatory information or any adverse or disciplinary action during his military service.

4.  He was honorably released from active duty on 2 March 1992 in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He completed 3 years and 9 days of creditable active service with no lost time.

5.  Item 13 ((Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Army Commendation Medal (2nd Oak Leaf Cluster), Army Achievement Medal (1st Oak Leaf Cluster), Kuwait Liberation Medal, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  

	b.  The Kuwait Liberation Medal (Saudi Arabia) 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.

	c.  The Kuwait Liberation Medal (Kuwait) 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.

7.  Public Law 105–85, Section 1084, established a Cold War Recognition Certificate to recognize all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991. The Cold War Recognition System home page announces the program and provides instructions for individual requests.  Individuals requesting the certificate will certify that their character of service was honorable.  Acceptable supporting document for proof of service is any official government or military document with recipient's name, social security number, and dates of service.  Requests for the certificate may be mailed to the following address:  U.S. Army Human Resources Command, Cold War Recognition Program, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122 or applied for online at:  https://www.hrc.army.mil/site/Active/tagd/coldwar/default/htm.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  As only the Kuwait Liberation Medal is show on his DD Form 214, he is entitled to correction of his DD Form 214 to show both of these awards.

2.  He served honorably from 24 February 1989 through 2 March 1992.  He served in Southwest Asia, received two Army Achievement Medals and three Army Commendation Medals for meritorious service, and attained the rank/grade of SPC/E-4.  His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this medal.

3.  With respect to the Cold War Recognition Certificate, the issuance of this certificate is not within this Board's authority.  Additionally, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, it may not be shown on a discharge document.  The applicant is advised to contact the address/web site listed in the Consideration of Evidence section to request his certificate.







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 Kuwait Liberation Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 February 1989 through 23 February 1992; and

	c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).

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 the Cold War Recognition Certificate.



      _______ _  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)                                         AR20100021622



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ABCMR Record of Proceedings (cont)                                         AR20100021622



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