IN THE CASE OF:	  

		BOARD DATE:	    3 November 2011

		DOCKET NUMBER:  AR20110017595 


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) ending in 1992 to show award of the Army Good Conduct Medal (AGCM), an Army Commendation Medal (ARCOM), an ARCOM with "V" Device, and either another ARCOM or an Army Achievement Medal (AAM).

2.  The applicant states he was told at the time of his release from active duty in 1992, he had been awarded the AGCM, ARCOM for meritorious service, and ARCOM with "V" Device; and, either an ARCOM or an AAM as an end of tour award; however, these awards were never entered on his DD Form 214.  He was transferred to the Texas Army National Guard (TXARNG) immediately after leaving active duty.  He and his TXARNG unit made multiple requests to the U.S. Army Human Resources Command (HRC) for these awards.  In 2003, he transferred to the U.S. Army Reserve (USAR).  In 2006, his Reserve commander awarded him the AGCM for his period of service from 1989 to 1992.  Because there is no permanent order number on the award, the AGCM is not reflected on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending in 1992; a memorandum dated in 2006, awarding him the AGCM for the period from 14 June 1989 to 15 June 1992; two certificates for award of the ARCOM, dated in 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.  At the time of his application, the applicant was serving on active duty in Afghanistan as a captain, pay grade O-3.

3.  On 14 June 1989, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 19D (Cavalry Scout).

4.  The applicant was promoted through the ranks to specialist, pay grade E-4.

5.  On 15 June 1992, the applicant was REFRAD and transferred to the 1st Battalion, 141st Infantry Regiment, USAR located in San Antonio, Texas.  He had completed 3 years and 2 days of creditable active duty service.

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

* National Defense Service Medal
* Army Service Ribbon
* Marksman [Marksmanship Qualification] Badge with Rifle [Bar]
* Army Lapel Button
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal

7.  On 15 March 2008, the applicant, with the rank of captain, pay grade O-3, was ordered to active duty in support of Operation Enduring Freedom.  He served in Afghanistan from 16 April 2008 to 5 March 2009.  He was REFRAD on 29 March 2009.  He completed 1 year and 15 days of creditable active duty service during this period.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as:

* Afghanistan Campaign Medal with campaign star
* Army Commendation Medal with "V" Device
* Meritorious Service Medal
* Army Commendation Medal  (4th Award)
* Army Achievement Medal
* Army Reserve Components Achievement Medal
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Global War on Terrorism Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" Device
* North Atlantic Treaty Organization [NATO] Medal
* Marksman [Marksmanship Qualification] Badge with Rifle [Bar]
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

9.  The applicant has provided two award certificates, both of which are filed in his Official Military Personnel File (OMPF):

	a.  The certificate dated 1 June 1991 shows award of the ARCOM for heroic acts as a scout observer.  This certificate does not identify the permanent order number, date or command authorizing this award.  Review of his OMPF revealed no authorizing orders for this award.  Such orders normally provide details of the individual's acts of valor that justify receiving the award.

	b.  The certificate dated 3 July 1991 shows award of the ARCOM for exceptionally meritorious service from 17 January to 1 March 1991 in the Kuwait Theater of Operations.  Permanent Orders Number 08-006 is indicated as the authorizing order for this award.

10.  The applicant has provided a memorandum dated 23 April 2006 and signed by the Commander, 1st Legal Support Organization, located at Sam Houston, Texas.  This memorandum purports to be authorization for award of the AGCM to the applicant for his 3-year and 1 day period of enlisted service from 1989 to 1992.  The memorandum makes no mention of permanent orders authorizing this award, but does direct filing of the award in the permanent section of the applicant's Military Personnel Records Jacket (MPRJ).  A review of his OMPF revealed this letter to be on file.

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

	a.  This regulation provides for award of the Army Good Conduct Medal 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.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

	b.  Unit commanders are authorized to award the AGCM to enlisted personnel serving under their command jurisdiction who meet the established criteria. Where necessary, to correct conflicting or duplicate awards, previously issued general or permanent orders may be revoked and new orders published by the unit commanders, citing this paragraph as authority. Send requests for award of the AGCM for former Soldiers to the National Personnel Records Center, 9700Page Avenue, St. Louis, MO 63132–5100.  Requests for award of the AGCM for Army National Guard and Army Reserve members for periods of active duty based on qualifying prior active Federal military service (Regular Army and AUS) will be forwarded through normal command channels to the Commander, USA HRC–St. Louis, ATTN:  AHRC–PSP–R, 1 Reserve Way, St. Louis, MO 63132–5200.  Separation transfer points will review the records of enlisted personnel being separated to determine whether they qualify for the AGCM.  Where possible, make a reasonable effort to contact the unit commander before awarding the medal to qualified members.

	c.  This regulation provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, ending on 15 June 1992, should be corrected to show award of the AGCM, ARCOM, ARCOM with "V" Device, and either another ARCOM or an AAM.

2.  The memorandum dated in 2006, as provided by the applicant is not sufficient by itself as authorization for award of the AGCM.  However, based on his attainment of the rank of specialist, award of a personal decoration, and a full 
3 years of service with no indication of disqualification, it would be appropriate to award the applicant the AGCM for the period from 14 June 1989 to 13 June 1992.  Furthermore, this award should be shown on both of the applicant's 
DD Forms 214.

3.  The award certificate dated 1 June 1991, as provided by the applicant and currently filed in his OMPF, indicates that he was awarded the ARCOM for heroic acts.  However, this document does not include any identification of the authorizing permanent order or any evidence of what his heroic acts were that qualified him for this award.  Accordingly, it cannot be added to his DD Form 214 ending in 1992.

4.  The award certificate dated 3 July 1991, as provided by the applicant and currently filed in his OMPF, indicates that he was awarded the ARCOM for meritorious service.  This document includes identification of the authorizing permanent order.  Therefore, this award should be added to his DD Form 214 ending in 1992.

5.  There is no evidence of record, and the applicant has not provided any evidence showing he was awarded another ARCOM or AAM as an end of tour award upon his departure from Kuwait in 1991.  Therefore, this portion of his request should be denied.

6.  While the available evidence is insufficient for awarding the applicant another ARCOM or AAM as an end of tour award, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 for the period from 
14 June 1989 to 13 June 1992;

	b.  showing that, in addition to the awards already shown on his DD Form 214 ending on 15 June 1992, his authorized awards include the Army Commendation Medal and the Army Good Conduct Medal; and

	c.  showing that, in addition to the awards already shown on his DD Form 214 ending on 29 March 2009, his authorized awards include the Army Good Conduct 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 showing on his DD Form 214 ending in 1992 an award of the ARCOM with "V" Device, an additional award of the ARCOM or an AAM as an end of tour award for his duty in 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)                                         AR20110017595





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ABCMR Record of Proceedings (cont)                                         AR20110017595



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