IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120006737 


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 the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal (KLM-K), Kuwait Liberation Medal (KLM-SA), and any other awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his DD Form 214 does not reflect the SWASM, KLM-K, KLM-SA, and other awards for time served in Operation Desert Shield/Desert Storm, and Kuwait.  Additionally, he states it is very important that his information on his DD Form 214 be corrected because it could prevent future Department of Veterans Affairs (DVA) treatment and compensation. 

3.  The applicant provides a copy of his temporary duty orders (TDY).

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 June 1990.  He completed basic combat and advanced individual training, and was awarded military occupational specialty 67T (UH-60 Helicopter Repairer).  The highest rank/grade he attained while serving on active duty was specialist/E-4.

3.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  His record is void of any orders or documents indicating he was ever recommended for or awarded the AGCM.

4.  Item 5 (Oversea Service) and item 35 (Current and Previous Assignments) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served 6 months in the Republic of Korea (ROK) for the period of 2 May 1993 through 
9 December 1993.

5.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  This database shows the applicant was deployed to Southwest Asia from 16 January 1991 to 15 May 1991.

6.  On 19 May 1995, the applicant was honorably released from active duty after completing 4 years, 10 months, and 22 days of active duty service.  His DD Form 214 shows he earned the following awards during his active duty tenure:

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Aircraft Crewman Badge
* Air Assault Badge

7.  Army Regulation 600-8-22 (Military Awards) states the AGCM 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.  

8.  Army Regulation 600-8-22 states the SWASM 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The applicant participated in the following designated campaigns:

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

9.  Army Regulation 600-8-22 states the KLM-SA 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.

10.  Army Regulation 600-8-22 states the KLM-K 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.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the SWASM, KLM-K, KLM-SA, and all other awards is found to have merit.

2.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM; therefore, it would be appropriate to correct the applicant's record to show this award.

3.  Evidence indicates the applicant completed a qualifying period of service during Operation Desert Shield/Storm and ROK for the SWASM with 3 bronze service stars, KLM-K, KLM-SA, and KDSM; therefore, it would be appropriate to add these awards to his DD Form 214.

BOARD VOTE:

_____X___  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 AGCM (1st Award) for the period 28 June 1990 through 27 June 1993, and

	b.  adding the following awards to his DD Form 214:

* AGCM
* SWASM with three bronze service stars
* KLM-SA
* KLM-K
* KDSM



      _______         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)                                         AR20120006737





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006737



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1