IN THE CASE OF:	  

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120003498 


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 of his authorized awards, including the Army Good Conduct Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and a second Army Achievement Medal.

2.  The applicant states he served in Southwest Asia (SWA) in support of Operations Desert Shield/Desert Storm (ODS) from 4 January to 19 May 1991.  The awards in question were approved after he was separated from active duty.

3.  The applicant provides a memorandum certifying his participation in ODS, an order for the Army Achievement Medal (1st Oak Leaf Cluster), a memorandum of eligibility for the Army Good Conduct Medal, and his DD Form 214 in support of his request.

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 3 August 1988 for a period of 3 years.  He was awarded military occupational specialty 63T (Bradley Fighting Vehicle System Mechanic).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):

* Germany from 31 January 1989 to 30 January 1991
* Saudi Arabia from 4 January to 20 May 1991

	b.  item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal
* Overseas Service Ribbon
* Driver and Mechanic Badge with "Driver-W" (Wheeled Vehicle) Bar
* Southwest Asia Service Medal
* Marksman Marksmanship Qualification Badge with Grenade Bar

	c.  item 18 (Appointments and Reductions):  Specialist (SPC) effective 1 October 1990.

4.  The applicant's DD Form 214 shows he entered active duty on 3 August 1988 and he was honorably released from active duty on 2 August 1991 based on expiration of term of service.  He had completed 3 years of active service.  It also shows in:

	a.  item 12 (Record of Service), block f (Foreign Service):  2 years, 4 months, and 17 days;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal
* Overseas Service Ribbon
* Army Achievement Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars
* Driver and Mechanic Badge with "Driver-W" and Mechanic Bars

	c.  Item 18 (Remarks):  Service in SWA from 4 January to 19 May 1991.

5.  In support of his request, the applicant provides the following documents:

	a.  5th Battalion, 5th Cavalry Regiment, 3rd Armored Division (Spearhead), memorandum for record, dated 23 May 1991, subject:  Verification of Tour in SWA for ODS, that shows the battalion adjutant certified the applicant served in SWA from 3 January through 19 May 1991.  It also shows there was no record of derogatory information or adverse actions pertaining to the applicant during the cited period.

	b.  5th Battalion, 5th Cavalry Regiment, 3rd Armored Division (Spearhead), Permanent Orders 6-6, dated 12 June 1991, that awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) for the period 31 May 1988 to 12 June 1991.

	c.  Headquarters and Headquarters Company, 5th Battalion, 5th Cavalry, memorandum for record, dated 12 June 1991, subject:  Eligibility for Good Conduct Medal, that shows the company commander certified the applicant served on active duty for a period of 3 years, he had no record of punishment under the Uniform Code of Military Justice, and no pending unfavorable actions. The commander requested issuance of orders for award of the Army Good Conduct Medal (1st Award).

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	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.  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.

	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.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Southwest Asia Conflict campaigns and it shows that during the applicant's tour in SWA (Saudi Arabia) he participated in the following campaigns:

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

	c.  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 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.

7.  Headquarters, Department of the Army General Orders Number 14, dated 11 April 1997, awarded Headquarters and Headquarters Company, 1st Brigade, 3rd Armored Division, and its subordinate units, including the 5th Battalion, 5th Cavalry, the Valorous Unit Award for extraordinary heroism from 4 January to 15 June 1991.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards.

2.  Permanent orders awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster).

3.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (1st Award) from 3 August 1988 to 2 August 1991.

	a.  He was promoted to SPC (E-4) and received two awards of the Army Achievement Medal.

	b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	c.  The applicant's unit commander recommended him for award of the Army Good Conduct Medal (1st Award).

	d.  Therefore, based on the available evidence, it would be appropriate to award the applicant this medal and correct his DD Form 214 to show the award.

4.  The evidence of record shows the applicant:

	a.  qualified for award of the Southwest Asia Service Medal and that he served in three campaigns during his service in SWA.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Southwest Asia Service Medal; and

	b.  he qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).

5.  General orders awarded the applicant's unit the Valorous Unit Award.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show the awards and decorations, as recommended below.

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 3 August 1988 to 2 August 1991  (Standard Name Line:  SPC  Headquarters and Headquarters Company, 5th Battalion, 5th Cavalry);

	b.  deleting from item 13 of his DD Form 214 the:

* Army Achievement Medal
* Southwest Asia Service Medal

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

* Army Achievement Medal (2nd Award)
* Valorous Unit Award
* 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)                                         AR20120003498



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ABCMR Record of Proceedings (cont)                                         AR20120003498



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