IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120005652
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 award of the:
* Army Achievement Medal
* Army Good Conduct Medal
2. The applicant states the medals are valid and missing from his DD Form 214.
3. The applicant provides:
* DD Form 214
* DA Form 4950 (Army Good Conduct Medal Certificate)
* DA Form 4980-18 (Army Achievement Medal Certificate)
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 15 November 1989. He completed training and was awarded military occupational specialty 31V (Unit Level Communications Maintainer). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. The applicant was honorably released from active duty on 30 April 1992. His DD Form 214 shows he completed 2 years, 5 months, and 16 days of creditable active service. It also shows award of the following:
* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia during the period 18 October 1990 to 6 April 1991.
5. His records do not contain orders awarding him the Army Good Conduct Medal. However, a review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.
6. The applicant provides a copy of his Army Good Conduct Medal Certificate for the period 15 November 1989 to 30 April 1992. He also provides a copy of his Army Achievement Medal Certificate for the period 1 November 1989 to 1 May 1992. This certificate shows Order Number 29-13, dated 28 February 1992, awarded him the Army Achievement Medal.
7. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
8. Army Regulation 600-8-22 states 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.
9. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the Army Achievement Medal and Army Good Conduct Medal was carefully considered and determined to have merit.
2. He served honorably during the period 15 November 1989 to 30 April 1992. Although orders awarding him the Army Good Conduct Medal (1st Award) are missing from his records, the certificate signed by his commanding officer, coupled with the lack of information that would have disqualified him for the first award of the Army Good Conduct Medal, is sufficient to correct his DD Form 214 to show this medal.
3. The applicant's Army Achievement Medal Certificate shows he was awarded the Army Achievement Medal by authority of Order Number 29-13, dated 28 February 1992. Therefore, it would also be appropriate to correct his DD Form 214 to show this award.
4. Although the Kuwait Liberation Medal is listed on the applicant's DD Form 214, he served a qualifying period for award of both the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait. Therefore, his DD Form 214 should be corrected to show both awards.
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:
* removing the Kuwait Liberation Medal from his DD Form 214
* adding the following awards to his DD Form 214:
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* 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) AR20120005652
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ABCMR Record of Proceedings (cont) AR20120005652
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