IN THE CASE OF:	   

		BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130001112 


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 award of the Army Good Conduct Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.

2.  He states he did not receive the Army Good Conduct Medal for his first 3-year enlistment.

3.  The applicant provides his DD Form 214.

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 11 January 1989.  Upon completion of training he was awarded military occupational specialty 76V (Materiel Storage and Handling Specialist).  He served in Southwest Asia from 7 September 1990 through 16 March 1991.

3.  On 23 February 1992, he was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 and he was transferred to U.S. Army Reserve Control Group (Reinforcement) for the completion of his service obligation.  He completed 3 years, 1 month, and 13 days of creditable active service.

4.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Army Achievement Medal

5.  His records contain a DA Form 2-1 (Personnel Qualification Record – Part II). 
Item 9 (Awards, Decorations, and Campaigns) of this form shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

6.  A review of the applicant's service records shows no derogatory information in the form of lost time, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are also no entries in his military records to indicate his commanders denied him the first award of the Army Good Conduct Medal.

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

	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 active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  The Kuwait Liberation Medal-Saudi Arabia 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.

	c.  The Kuwait Liberation Medal-Kuwait 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.

8.  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.  In establishes standardized policy for preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214.  It states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Army Good Conduct Medal and that his DD Form 214 should be corrected to show this award was carefully considered and determined to have merit.

2.  The evidence of record confirms the applicant served honorably on active duty during the period 11 January 1989 through 23 February 1992.  He was awarded an Army Achievement Medal and he was advanced to the rank/grade of SPC/E-4 during this period.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 11 January 1989 through 10 January 1992 and to correct his DD Form 214 to show this award.

3.  The evidence shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  This period of foreign service also qualified him for entitlement to the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, his DD Form 214 should be corrected to show these foreign 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 11 January 1989 through 10 January 1992; and

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

* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar



      _______ _   _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)                                         AR20130001112



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ABCMR Record of Proceedings (cont)                                         AR20130001112



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