IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120008882 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and medals he is entitled to based on his  active duty service in Southwest Asia in support of Operation Desert Shield/Desert Storm.

2.  The applicant states these medals are not listed on his DD Form 214.  He landed in Southwest Asia on Christmas day 1990, in support of Operation Desert Shield/Desert Storm.  He needs his DD Form 214 corrected to receive veteran’s preference for government hiring.

3.  The applicant provides:

* DA Form 4187-E (Promotion Order to specialist four)
* DD Form 214
*  2 DA Form 4187’s (Personnel Action 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 13 February 1990.  He completed basic combat and advanced individual training, and was awarded military occupational specialty 11B (Infantryman).  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 being awarded the first award of 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.  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.  This database shows the applicant was deployed to Southwest Asia from 16 January 1991 to 15 May 1991.

5.  On 14 January 1993, the applicant was honorably released from active duty after completing 2 years, 11 months, and 2 days of active duty service with no lost time.  His DD Form 214 shows he earned the following awards:

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge (Grenade)
* Army Lapel Button

6.  His records contain no evidence of any derogatory information.

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 Southwest Asia Service Medal (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 Kuwait Liberation Medal-Saudi Arabia
(K LM-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 Kuwait Liberation Medal-Kuwait (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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for all medals and ribbons he is entitled to based on his active duty service in Southwest Asia in support of Operation Desert Shield/Desert Storm has been carefully considered and found to have merit.

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

3.  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 being awarded the first award of the AGCM; therefore, it would be appropriate to correct the applicant's record to show this award.


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 13 February 1990 through 14 January 1993, and

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

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




      _______ _   __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)                                         AR20120008882



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008882



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1