IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110016894 


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 his award of the:

* Army Commendation Medal
* Army Achievement Medal
* Armed Forces Expeditionary Medal
* Operation Desert Falcon Certificate of Achievement

2.  He states he received several awards close to his expiration of his term or service (ETS) date and they were not added to his DD Form 214.

3.  The applicant provides:

* DA Form 4980-14 (Army Commendation Medal Certificate)
* DA Form 4980-18 (Army Achievement Medal Certificate)
* AFRD-SA Form 672-1 (Armed Forces Expeditionary Medal Certificate)
* Operation Desert Falcon Certificate of Achievement

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 28 February 1996.  Upon completion of training he was awarded military occupational specialty 62B (Construction Equipment Repairer).  On 27 February 1999, he was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 and he was transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement) for the completion of his service obligation.  He completed 3 years of creditable active service.

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

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  The applicant provides:

	a.  an Operation Desert Falcon Certificate of Achievement, dated
15 December 1997, awarded by U.S. Army Forces Central Command - Saudi Arabia in recognition of his exceptionally meritorious and distinguished service in the defense of the Kingdom of Saudi Arabia during Operation Desert Falcon.

	b.  an AFRD-SA Form 672-1, dated 15 December 1997, that shows he was awarded the Armed Forces Expeditionary Medal by Headquarters, U.S. Army Forces Central Command - Saudi Arabia for service in Southwest Asia from 1 September to 15 December 1997.

	c.  a DA Form 4980-18 that shows he was awarded the Army Achievement Medal for meritorious achievement while deployed to Southwest Asia from 1 September 1997 to 1 February 1998 by Permanent Orders Number 349-15, issued by Headquarters, Task Force 5-52 Air Defense Artillery, dated
16 December 1997.

	d.  a DA Form 4980-14 that shows he was awarded the Army Commendation Medal for meritorious service from 16 August 1996 to 27 February 1999 by Permanent Orders Number 345-06, issued by Headquarters, 11th Air Defense Artillery Brigade, Fort Bliss, TX, dated 11 December 1998.

5.  A review of the applicant's service record also shows no derogatory information in the form of time lost, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are also no entries in his military record to indicate his commanders denied him the first award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides that 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 active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Army Commendation Medal, Army Achievement Medal, Armed Forces Expeditionary Medal, and Operation Desert Falcon Certificate of Achievement were carefully considered and determined to have partial merit.

2.  Permanent orders awarded him the Army Commendation Medal and the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He was awarded the Armed Forces Expeditionary Medal by proper authority for his service in Southwest Asia.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record confirms the applicant served honorably on active duty during the period 28 February 1996 through 27 February 1999.  He was awarded an Army Commendation Medal and an Army Achievement Medal and he was advanced to the rank/grade of SPC/E-4 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 no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 28 February 1996 through 27 February 1999 and to correct his DD Form 214 to show this award.

5.  The applicant's receipt of an Operation Desert Falcon Certificate of Achievement in recognition of his service in Saudi Arabia is acknowledged; however, there is no provision for entering certificates of achievements on a DD Form 214.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
28 February 1996 through 27 February 1999, and

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

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal

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 adding the Operation Desert Falcon Certificate of Achievement to 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)                                         AR20110016894



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ABCMR Record of Proceedings (cont)                                         AR20110016894



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