IN THE CASE OF:	  

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130011932 


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) ending on 15 August 1997 to show:

* Southeast (i.e., Southwest) Asia Service Medal
* Army Commendation Medal
* two awards of the Army Achievement Medal
* completion of the Reserve Component (RC) Primary Leadership Development Course (PLDC)

2.  The applicant states the DD Form 214 was not updated. 

3.  The applicant provides:

* Certificate of Achievement
* certificate showing award of the Army Commendation Medal
* two certificates showing awards of the Army Achievement Medal
* diploma and DA Form 1059 (Service School Academic Evaluation Report)

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 16 August 1994 and he held military occupational specialty 12B (Combat Engineer).  He was assigned to the 91st Engineer Battalion, Fort Hood, TX.

3.  Permanent Orders (PO) Number 5094-18, issued by Headquarters, 91st Engineer Battalion, on 7 April 1995, awarded him the Army Achievement Medal for achievement.

4.  PO Number 6190-03, issued by Headquarters, 91st Engineer Battalion, on 8 July 1996, awarded him the Army Achievement Medal for service. 

5.  PO Number 7062-92, issued by Headquarters, 91st Engineer Battalion, on 1 May 1997, awarded him the Drivers Badge. 

6.  PO Number 7176-03, issued by Headquarters, Engineer Brigade, 1st Cavalry Division, on 25 June 1997, awarded him the Army Commendation Medal for service. 

7.  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 15 August 1997 by reason of completion of his required service.  He completed 3 years of creditable active service with no lost time and he was fully eligible to reenlist. 

8.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

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

9.  Item 14 (Military Education) of his DD Form 214 shows he completed the Combat Engineer Course, 13 weeks, in 1994. 

10.  He provides a certificate of achievement, undated, recognizing his achievement during the 2nd Brigade Combat Team's deployment to Kuwait for Operation Intrinsic Action 95-03.

11.  As he was exiting the Regular Army, he enlisted in the Pennsylvania Army National Guard.

12.  He completed the RC PLDC from 27 March 1999 to 10 April 1999.  

13.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  To be eligible, a service member must meet one or more of the following criteria:

* be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations
* be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* be actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above
* be serving on temporary duty for 30 consecutive days or 
		60 nonconsecutive days; these time limitations may be waived for 				people participating in actual combat operations

14.  His records do not contain official orders awarding him the Army Good Conduct Medal (1st Award).  His records also do not contain any derogatory information in the form of lost time, conviction by a court-martial, and/or suspension of favorable personnel.

15.  Army Regulation 600-8-22 (Military Awards) states 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.  

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  Chapter 2 states:

* Item 13 shows awards and decorations
* Item 14 shows formal courses completed during the period covered by the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal, two awards of the Army Achievement Medal, and the Drivers Badge.  None of these awards are reflected on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show these awards. 

2.  The applicant served in Kuwait for an unspecified period of time.  Nothing in his records confirms his exact dates of arrival in or departure from Kuwait.  If he had served on temporary duty for 30 consecutive days or 60 nonconsecutive days, he would qualify for the Southwest (not Southeast) Asia Service Medal.  However, there is insufficient evidence to support awarding him this medal at this time.

3.  He completed PLDC in 1999 after his release from active duty in August 1997.  Item 14 of the DD Form 214 shows formal courses completed during the period covered by the DD Form 214.  He did not complete PLDC during the period covered by the DD Form 214. 

4.  The available evidence confirms he served honorably on active duty during the period 16 August 1994 through 15 August 1997.  He served in Kuwait (albeit for an unknown period), attained the rank/grade of SPC/E-4, and he was fully eligible to reenlist at the time of his release from active duty.  His records contain no derogatory information or evidence that shows he was denied award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and to correct his 
DD Form 214 to show this award.  







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 by:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 August 1994 through 15 August 1997
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Army Commendation Medal, Army Achievement Medal (2nd Award), and Drivers Badge

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 Southwest Asia Service Medal and the Primary Leadership Development Course. 



      _____________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)                                         AR20130011932





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ABCMR Record of Proceedings (cont)                                         AR20130011932



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