BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100024436 


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 award of the Army Good Conduct Medal.

2.  The applicant states he was awarded the Army Good Conduct Medal on
11 July 1988; however, it is not recorded on his DD Form 214.

3.  The applicant provides a copy of his award order.

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 enlisted in the Regular Army (RA) on 18 September 1985 for a period of 4 years.  Upon completion of training he was awarded military occupational specialty (MOS) 19K (Armor Crewman).
3.  The applicant reenlisted in the RA on 23 February 1989 for a period of
4 years and training into a new MOS.  Upon completion of training he was awarded MOS 11B (Infantryman).

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) he served in Saudi Arabia from 14 August 1990 through 21 April 1991;

	b.  item 9 (Awards, Decorations and Campaigns) the:

* Army Service Ribbon
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* 2nd Class [Sharpshooter] Marksmanship Qualification Badge with Grenade Bar
* Parachutist Badge
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars (for participation in the Defense of Saudi Arabia, and the Liberation and Defense of Kuwait campaigns)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

   c.  item 18 (Appointments and Reductions) that he was:

* advanced to specialist four (SP4)/E-4 on 1 December 1987
* reduced to private first class (PFC)/E-3 on 15 November 1989
* advanced to SP4/E-4 on 1 August 1990
* reduced to PFC/E-3 on 23 July 1991

   d.  item 35 (Record of Assignments) that he was assigned to I Troop,
3rd Squadron, 3rd Armored Cavalry Regiment, Fort Bliss, TX, from 22 January 1986 through 6 August 1989.

5.  The applicant was discharged on 30 October 1991, in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 13, for unsatisfactory performance.

6.  The applicant applied to the Army Discharge Review Board (ADRB) requesting a review of his discharge.  After consideration of the applicant's 


military records and all other available evidence, the ADRB found the applicant's discharge was improper as to the characterization of service and voted to change his characterization of service to honorable.  Accordingly, the ADRB voided the applicant's original DD Form 214 and a new DD Form 214 was issued.

7.  The DD Form 214 shows the applicant entered active duty this period on
18 September 1985 and he was honorably discharged on 30 October 1991 in accordance with Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He had completed 6 years, 1 month, and 13 days of net active service.

   a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Combat Infantryman Badge
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Army Achievement Medal

   b.  Item 18 (Remarks) shows he served in Southwest Asia from 14 August 1990 to 21 April 1991.

8.  In support of his application, he provides a copy of Permanent Order 56-5, issued by the Personnel Service Company, 3rd Armored Cavalry Regiment, Fort Bliss, TX, dated 11 July 1988, that awarded him Army Good Conduct Medal
(1st Award) for exemplary behavior, efficiency, and fidelity in active Federal military service from 19 September 1988 [sic] through 18 September 1988.

9.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.  The applicant was awarded the Kuwait Liberation Medal.  However, it is not clear from his military personnel record if he was awarded the Kuwait Liberation Medal (Saudi Arabia) or Kuwait Liberation Medal (Kuwait).

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:


	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 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 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.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 18 September 1985 through 17 September 1988.

   a.  Permanent orders awarded the applicant the Army Good Conduct Medal (1st Award) from 19 September 1988 [emphasis added] through 18 September 1988.  

   b.  Despite the obvious error in the beginning date (i.e., the year) and the apparent administrative error regarding the actual period of the award, the evidence of record shows the applicant qualified for and was awarded the Army Good Conduct Medal (1st Award).

   c.  Based on the available evidence, it would be appropriate to amend Permanent Order 56-5 to show the correct period and to add the Army Good Conduct Medal (1st Award) to his DD Form 214.

2.  The evidence of record shows the applicant served in Southwest Asia from
14 August 1990 to 21 April 1991 and that he qualified for the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Records also show he qualified for the Sharpshooter Marksmanship Qualification Badge with Pistol and Grenade Bars which are not shown on his
DD Form 214.  Therefore, his DD Form 214 should be corrected to show theses qualification badges.

BOARD VOTE:

___x_____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending Permanent Order 56-5, issued by the Personnel Service Company, 3rd Armored Cavalry Regiment, Fort Bliss, TX, dated 11 July 1988, to show the "Dates or period of service:  18 September 1985 through 17 September 1988";

	b.  deleting from item 13 of his DD Form 214 the "Kuwait Liberation Medal"; and

   c.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Sharpshooter Marksmanship Qualification Badge with Pistol and Grenade Bars



      __________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)                                         AR20100024436



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ABCMR Record of Proceedings (cont)                                         AR20100024436



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