IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110004029 


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 Achievement Medal (AAM) and the Army Commendation Medal (ARCOM).

2.  The applicant states these two awards were omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and certificates and orders for award of the AAM and ARCOM.

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 9 May 1989, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 63Y (Track Vehicle Mechanic).  He was subsequently assigned for duty with the 72nd Engineer Company located at Fort Benning, Georgia.

3.  The award certificate provided by the applicant indicates that Permanent Orders 57-9 were issued awarding him the AAM for meritorious achievement during the period 18 February to 20 March 1990 as a contact truck operator during rotational training at the National Training Center.

4.  On 9 May 1990, the applicant was advanced to the rank of private first class, pay grade E-3.

5.  The applicant served in Saudi Arabia from 3 September 1990 to 29 March 1991.

6.  On 9 July 1991, the applicant was advanced to specialist four, pay grade E-4.

7.  Permanent Orders 294-5, Headquarters, 3rd Brigade, 24th Infantry Division, dated 21 October 1991, awarded the applicant the ARCOM for meritorious achievement during Operation Desert Storm from 26 February to 10 March 1991.

8.  On 8 May 1992, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 
3 years of active duty service.  His characterization of service was honorable and he was fully eligible for immediate reenlistment without waiver.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

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

	a.  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.

	b.  States that in instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File (OMPF).  The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

	c.  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.

	d.  States 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the AAM and the ARCOM.

2.  The available evidence shows that the applicant was awarded the AAM and the ARCOM for meritorious achievement.  Therefore, these two personal decorations should be shown on his DD Form 214.

3.  The available evidence shows that the applicant’s distinguished himself in the performance of his military service as indicated by his advancement to specialist and award of two personal decorations.

4.  There is no evidence of record showing that the applicant's commander took any action to deny him award of the AGCM or that the commander had any reason to do so.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  The applicant served during a qualifying period for award of the KLM-SA and the KLM-KU.  Therefore these two awards should be shown on his DD Form 214.

6.  In view of the above, the applicant's request should be granted.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal for the period 9 May 1989 to 8 May 1992 and

	b.  showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, KLM-SA, and KLM-KU.



      _____________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)                                         AR20110004029





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ABCMR Record of Proceedings (cont)                                         AR20110004029



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