IN THE CASE OF:	  

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120021153 


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 add his Gulf War service.

2.  The applicant states his DD Form 214 does not show the dates of his Gulf War service.

3.  The applicant provides no additional evidence.

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's records do not contain an enlistment contract.  Based on his DA Form 2-1 (Personnel Qualification Record – Part II) and DD Form 214, it appears that he enlisted in the Regular Army on 11 September 1989.  He held military occupational specialty 12B (Combat Engineer).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  His DA Form 2-1 shows in:

* item 5 (Overseas Service) – he served in Saudi Arabia on temporary duty from 28 August 1990 to 27 March 1991 (7 months)
* item 9 (Awards, Decorations, and Campaigns) he was awarded or authorized the –

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars

* item 27 (Remarks) – he served in an imminent danger pay area (Southwest Asia) from 28 August 1990 to 27 March 1991

4.  His DA Form 2-1 and DD Form 214 also show he was assigned to Company C, 3rd Engineer Battalion, Fort Stewart, GA, from on or about 26 April 1990 to on or about 18 March 1992.

5.  He was honorably released from active duty on 18 March 1992.  His DD Form 214 shows he completed 2 years, 6 months, and 8 days of net active service including 7 months of foreign service.  This form also shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button

* item 18 (Remarks) – no entry for service in Saudi Arabia

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

	a.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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.

	b.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was 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.

	c.  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.

7.  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.  Chapter 2 establishes standardized policy for preparation of the DD Form 214.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 shows he served in Saudi Arabia from 28 August 1990 to 27 March 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this service in item 18.

2.  His DD Form 214 shows he was awarded the Kuwait Liberation Medal; however, the evidence of record shows he served a qualifying period for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

3.  The available evidence confirms he served honorably on active duty during the period 11 September 1989 through 18 March 1992.  His record contains no derogatory information or any evidence that would have disqualified him from being awarded the first award of the Army Good Conduct Medal; further, there is no record his commander denied him this award.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 11 September 1989 through 18 March 1992
* deleting award of the Kuwait Liberation Medal from item 13 of his DD Form 214
* adding award of the Army Good Conduct Medal (1st Award), Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait to item 13 of his DD Form 214
* adding the statement "SERVICE IN SAUDI ARABIA FROM 19900828-19910327" to item 18 of his DD Form 214



      ____________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)                                         AR20120021153



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ABCMR Record of Proceedings (cont)                                         AR20120021153



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