IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110023973 


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 from Active Duty) to show the:

* Valorous Unit Award
* Kuwait Liberation Medal-Kuwait
* Army Good Conduct Medal (1st Award)
* Army Reserve Components Overseas Training Ribbon

2.  The applicant states:

	a.  During Operation Desert Storm, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 70th Armor Regiment, which was issued the Valorous Unit Award, but it is not shown on his DD Form 214.  All of the Soldiers in his unit were also issued the Kuwait Liberation Medal from the government of Kuwait, but that too is not listed and he was not issued the award.  He was never issued an Army Good Conduct Medal from the Army or the U.S. Army Reserve (USAR).  He earned the Army Reserve Components Overseas Training Ribbon, but it is also not listed on his DD Form 214.  He earned the ribbon; however, he was honorably released from the USAR due to an injury and his records were never updated.

	b.  He returned to his home station and he was released from active duty before his unit returned from deployment and his records were not updated 


properly.  He was told the Army Good Conduct Medal was issued every 3 years as long as there were no suspensions of favorable actions or nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) during that time period.  He received NJP under the provisions of Article 15, UCMJ in December 1987, but he was discharged in March 1991, more than 3 years after he received the NJP.  Therefore, the Army Good Conduct Medal should have been issued.

3.  The applicant provides:

* a Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES), check dated 19 August 1994
* Permanent Orders 105-007, issued by Headquarters, 2nd Brigade,
1st Armored Division, Operation Desert Storm, dated 15 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 16 September 1986 and he held military occupational specialty 19K (Armor Crewman).

3.  The Gulf War Deployment Roster is a record of Soldiers who participated in Operations Desert Shield/Desert Storm and served in Southwest Asia (SWA) in support of military operations during the period 2 August 1990 through December 1995.  This roster shows the applicant served in SWA from 1 January to 15 March 1991 while assigned to 2nd Battalion, 70th Armor Regiment.

4.  Department of the Army General Orders (DAGO) Number 12, dated 13 May 1994, awarded the 2nd Battalion, 70th Armor Regiment, the Valorous Unit Award for the period 26 to 28 February 1991.


5.  He was honorably released from active duty on 28 March 1991 in the rank/grade of specialist (SPC)/E-4 by reason of expiration of term of service and he was transferred to the USAR to complete his remaining service obligation.  He completed 4 years, 6 months, and 13 days of creditable active service with no time lost.

6.  The DD Form 214 he was issued only shows the Army Service Ribbon.

7.  His record contains a DD Form 215 (Correction to DD Form 214), dated 21 October 1993, that shows his DD Form 214 for the period ending 28 March 1991 was corrected to add the award of the:

* Army Commendation Medal
* Army Achievement Medal
* SWA Service Medal with three bronze stars
* Kuwait Liberation Medal

8.  There is no evidence he was recommended for or awarded the Army Good Conduct Medal.  His record also does not contain an Article 15, a commander's disqualification, or record of a court-martial conviction or other adverse action that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

9.  The applicant provides an LES, dated 19 August 1994, wherein it shows he served on active duty for training (ADT) from 16 to 30 July 1994 while a member of the USAR.  This LES also shows he received an overseas housing allowance during that pay period.

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

	a.  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.

		(1)  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 must have been no conviction of a court-martial.

		(2)  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

		(3)  While any record of NJP could be in conflict with recognizing the Soldier’s service as exemplary, such record should not be viewed as automatically disqualifying.

		(4)  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 affected 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).

	b.  The Kuwait Liberation Medal awarded by the Kingdom 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 and 28 February 1991.

	c.  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.

	d.  The Army Reserve Components Overseas Training Ribbon was established by the Secretary of the Army on 11 July 1984.  It is awarded to members of the Reserve Components of the Army (Army National Guard and USAR), for successful completion of annual training or ADT for a period not less than 10 consecutive duty days on foreign soil.

11.  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.  It establishes standardized policy for the preparation of the DD Form 214 and DD Form 215.  In pertinent part, it states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in SWA during a qualifying period for entitlement to the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, his DD Form 214 should be corrected to show these awards.
2.  His unit was cited for award of the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  Although the applicant stated he received an Article 15, it is not available for review with this case and can be presumed to have been for an offense that would not have prevented him from being recommended for and awarded the first award of the Army Good Conduct Medal.  The evidence of record shows he served honorably from 16 September 1986 to 28 March 1991.  He served in SWA, he received the Army Commendation Medal, and attained the rank/grade of SPC/E-4.  His record is void of any derogatory information or a commander's disqualification that would have prevented him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal (1st Award) for the period 16 September 1986 through 15 September 1989 and to correct his
DD Form 214 to show this award.

4.  With respect to the Army Reserve Components Overseas Training Ribbon, the DD Form 214 is a record of a Soldier's service at the time of separation from active duty.  There are no provisions for adding awards to the DD Form 214 which were awarded or which a Soldier qualified for after the Soldier was released from active duty.  Therefore, there is no basis for granting this portion of his request.

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.  deleting from his DD Form 214, as corrected by a DD Form 215 dated
21 October 1993, the Kuwait Liberation Medal;
	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 September 1986 through 15 September 1989; and

	c.  Adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Valorous Unit Award

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 adding to his DD Form 214 the Army Reserve Components Overseas Training Ribbon.



      ___________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)                                         AR20110023973



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ABCMR Record of Proceedings (cont)                                         AR20110023973



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