IN THE CASE OF:	

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110013888 


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 all the awards to which he is entitled.

2.  He states:

* his DD Form 214 was supposed to be amended before he deployed, but it wasn't
* he was supposed to receive awards, ribbons, or medals for his assistance in "deactivating" a company from Europe back to the United States
* he was told the awards would be at his next unit, either before or after he deployed to Southwest Asia (SWA)
* he was reassigned to another company for deployment

3.  He provides 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 enlisted in the Regular Army on 11 April 1989.  The highest rank/grade he attained was specialist (SPC)/E-4.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows:

* item 5 (Oversea Service) – he served in Germany from 28 September 1989 through 10 November 1991 
* item 5 – he served in SWA from 17 December 1990 through 19 May 1991
* item 9 (Awards, Decorations, and Campaigns) – Army Service Ribbon, National Defense Service Medal, SWA Service Medal (SWASM) with two bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Hand Grenade Bar
* item 27 (Remarks) – he served in an imminent danger pay area (SWA) from 16 January to 28 February 1991

4.  He was honorably released from active duty on 11 April 1992 in the rank of SPC.  He completed 3 years and 1 day of active military service with no time lost.

5.  His service record does not show any disciplinary actions or that his commander disqualified him for the first award of the Army Good Conduct Medal.

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Kuwait Liberation Medal (KLM)
* SWASM with two bronze service stars
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 

7.  Item 18 (Remarks) of his DD Form 214 does not reflect service in SWA.

8.  His service record does not indicate he received a medal for inactivating or transitioning a company from Europe to the United States.

9.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This database shows the applicant was deployed in support of Operations Desert Shield/Desert Storm from 13 February to 31 July 1991.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The KLM 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 and 28 February 1991.

	b.  The KLM 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.

	c.  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.

11.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  It states that item 18 is used for entries required by Department of the Army Headquarters for which a separate block is not available and for completing entries that are too long for their blocks.  Paragraph 2-4h(18)(f)(2) states the entry "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYMMDD-YYYMMDD)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention regarding his request for correction of his DD Form 214 to show awards, ribbons, or medals is acknowledged.

2.  His service record is void of evidence and he has not provided any evidence which shows he was recommended for or received an award for his assistance in inactivating or transitioning a company from Europe back to the United States.

3.  His DA Form 2-1 shows he served in SWA from 17 December 1990 through 19 May 1991 and in an imminent danger pay area in SWA from 16 January to 28 February 1991.  The DMDC database shows he was deployed in support of Operations Desert Shield/Desert Storm from 13 February to 31 July 1991.

4.  This evidence is accepted as sufficient as a basis on which to award him an additional KLM.

5.  Based on his dates of service in SWA recorded on his DA Form 2-1, he is also entitled to correction of item 18 of his DD Form 214 to add the entry "SERVICE IN SWA FROM 901217-910519."

6.  It appears he met the regulatory requirements for award of the Army Good Conduct Medal (1st Award) for the period 11 April 1989 through 10 April 1992.  His service record shows he was advanced to SPC/E-4 and he has no record of any disciplinary action that would disqualify him from receiving this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should show this award.

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 (1st Award) for the period 11 April 1989 through 10 April 1992;

	b.  deleting the KLM from item 13 of his DD Form 214;
	c.  adding the Army Good Conduct Medal (1st Award), KLM-SA, and KLM-KU to item 13 of his DD Form 214; and

	d.  adding the entry "SERVICE IN SWA FROM "901217-910519" to item 18 of his DD Form 214.



      ____________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)                                         AR20110013888



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ABCMR Record of Proceedings (cont)                                         AR20110013888



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