BOARD DATE:	  31 December 2013

		DOCKET NUMBER:  AR20130007228 


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 the:

* Southwest Asia Service Medal
* Kuwait Liberation Medal
* Army Commendation Medal
* Army Achievement Medal

2.  The applicant states he served in Kuwait in Operation Intrinsic Action in 1995.  He was awarded the Southwest Asia Service Medal, Kuwait Liberation Medal, Army Commendation Medal, and the Army Achievement Medal but they are not shown on his DD Form 214.  He was awarded each of these for his hard work and achievement and has the documents in his possession but none of them are listed on his DD Form 214.  

3.  The applicant provides a memorandum, page one of DA Form 638 (Recommendation for Award), and three certificates.

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 9 March 1995 and he held military occupational specialty 19K (M1 Armor Crewman).  On 6 July 1995, he was assigned to the 2nd Battalion, 12th Cavalry Regiment, Fort Hood, TX.  On 9 May 1997, he was promoted to the rank/grade of specialist (SPC)/E-4.

3.  He was honorably released from active duty on 1 January 1998 in the rank of SPC and he was transferred to the U.S. Army Reserve.  He completed 2 years, 9 months, and 23 days of creditable active service with no lost time.

4.  The DD Form 214 he was issued shows the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

5.  Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000  00  00."  Item 18 (Remarks) of this form does reflect any deployment to a foreign country.

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) for service in Kuwait from 22 August to 31 October 1995 (2 months and 10 days) and from 10 June to 19 September 1997 (3 months and 9 days).

7.  His record is void of any record of derogatory information, disciplinary actions, or a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  His record is void of orders for the Army Commendation Medal and the Army Achievement Medal.  Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show the Army Commendation Medal or the Army Achievement Medal.

9.  The applicant provides page one of a DA Form 638, dated 25 July 1997, wherein his platoon sergeant recommended him for award of the Army Commendation Medal for the period 28 June to 4 July 1997 for meritorious achieved during tank gunnery.  

10.  His records do not contain this DA Form 638 and page two of the form was not provided.  There is no evidence that shows this award recommendation was processed through his command, was approved, downgraded, or disapproved, or that orders were issued awarding him the Army Commendation Medal.

11.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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.  

	b.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Army Military Human Resource Record.

	c.  Southwest Asia Service Medal 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.  A review of the applicant's record reveals that during his service in Kuwait, he participated in the Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) campaign.

	d.  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 and 28 February 1991.

	e.  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.

	f.  Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	g.  Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states for:

* Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Kuwait and participated in one campaign during a qualifying period for award of the Southwest Asia Service Medal with one bronze service star and he served in Kuwait for a total of 5 months and 19 days (22 August to 31 October 1995 and 10 June to 19 September 1997), neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this medal and his foreign service. 

2.  The evidence of record confirms he served honorably from 9 March 1995 through 1 January 1998.  He attained the rank of SPC and his record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  With respect to the Kuwait Liberation Medal, the evidence of record does not show that he served in Kuwait during a qualifying period for award of the Kuwait Liberation Medal-Saudi Arabia (17 January - 28 February 1991) or the Kuwait Liberation Medal-Kuwait (2 August 1990 - 31 August 1993).  Therefore, he is not entitled to this portion of the requested relief.

4.  With respect to the Army Commendation Medal and the Army Achievement Medal, his record is void of orders showing he was awarded either of these medals.  Although he provided part of a DA Form 638 that shows he was recommended for the Army Commendation Medal there is no evidence that shows this recommendation was processed or orders for this award were issued.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Commendation Medal and the Army Achievement Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Army Commendation Medal or the Army Achievement Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ___x_____  __x______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 March 1995 through 1 January 1998
* deleting the current entry from item 12f of his DD Form 214 and replacing it with "000  05  19"
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with one bronze service star

* adding to item 18 of his DD Form 214 the entries "SERVICE IN KUWAIT FROM 19950822-19951031" and "SERVICE IN KUWAIT FROM 19970610-19970919"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Kuwait Liberation Medal, Army Commendation Medal, and the Army Achievement Medal.  




      _______ _ 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)                                         AR20130007228





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ABCMR Record of Proceedings (cont)                                         AR20130007228



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