IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010178 


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 award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.

2.  The applicant states he served for 3 years and 9 months and he received an honorable discharge; however, he recently noticed he was not awarded the AGCM.

3.  The applicant provides his DD Form 214 and a letter from the National Personnel Records Center, dated 22 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 enlisted in the Regular Army on 24 September 1987 in the rank/grade private (PV1)/E-1.  He completed training and he was awarded military occupational specialty 54B (Chemical Operations Specialist).  On 21 June 1991, he was honorably released from active duty at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* Army Service Ribbon
* National Defense Service Ribbon
* Southwest Asia Service Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar

4.  Item 18 (Remarks) shows he served in Southwest Asia from 14 December 1990 to 1 May 1991.

5.  A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the first award of the AGCM.  Additionally, there are no entries in his record to indicate his commanders denied him award of the AGCM.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, AGCM, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the AGCM 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 AGCM, disqualification must be justified.


	b.  the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	c.  the Kuwait Liberation Medal awarded by the Government 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.

	d.  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.  The applicant’s request for award of the AGCM and correction of his DD Form 214 to show this award was carefully reviewed and found to have merit.

2.  The evidence of record confirms the applicant served honorably on active duty during the period 24 September 1987 through 21 June 1991 and he was  advanced in rank three times during this period.  His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action.  There is also no evidence of a suspension of favorable personnel actions or a commander's disqualification for award of the AGCM.  Lacking any derogatory information which would have precluded the applicant from being awarded the AGCM it would be appropriate to award him the AGCM (1st Award) for the period 24 September 1987 through 23 September 1990 and to correct his DD Form 214 to show this award.

3.  The available evidence shows he served in Southwest Asia during the period 14 December 1990 to 1 May 1991.  As such, he participated during the three designated campaign phases.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Southwest Asia Service Medal and correction of his DD Form 214 to show these bronze service stars.


4.  The available evidence also shows he served during a qualifying period for entitlement to the Kuwait Liberation Medal from the Governments of Saudi Arabia and Kuwait Liberation Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

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.  deleting from item 13 of his DD Form 214 the Southwest Asia Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 24 September 1987 through 23 September 1990; and

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

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait



      ____________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)                                         AR20110010178



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ABCMR Record of Proceedings (cont)                                         AR20110010178



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