IN THE CASE OF:   

		BOARD DATE:  20 March 2014 

		DOCKET NUMBER:  AR20130013396


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 he was awarded or authorized the Army Commendation Medal (ARCOM) and the Expert Infantryman Badge (EIB). 

2.  The applicant states his DD Form 214 does not show the ARCOM he received in 1991, nor does it show the EIB he received in 1992.  He states the error resulted, in both cases, from oversight or simply an error in recording.  In the case of the EIB, he never received any appropriate paperwork from his unit to verify the award.

3.  The applicant provides:

* DD Form 214 for the period ending 8 February 1985
* DD Form 214 for the period ending 11 December 1992
* DA Form 638 (Recommendation for Award), dated 12 August 1991 and annotated as Permanent Orders (PO) Number 46-22, issued by the 207th Military Intelligence Brigade on 30 September 1991
* DA Form 4980-14 (ARCOM Certificate), dated 30 September 1991
* an extract of his DA Form 2-1 (Personnel Qualification Record, Part II)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 11 December 1993




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 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.  On 12 July 1984, the applicant enlisted in the U.S. Army Reserve (USAR).  On 4 October 1984, he entered active duty at Fort Benning, GA, for the purpose of completing one station unit training (OSUT) and the basic airborne course.  

3.  On 8 February 1985, following his completion of OSUT and the basic airborne course, he was awarded military occupational specialty (MOS) 11B (Infantryman) and special qualification identifier (SQI) P (Parachutist).  He was released from active duty to the control of his USAR unit of assignment.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar (Hand Grenade), shown as the "First Class [Gunner] Qualification Badge"
* Army Service Ribbon
* Parachutist Badge

4.  On 30 June 1988, he was discharged from the USAR and on 1 July 1988, he enlisted in the Regular Army.  He was promoted to the rank/grade of specialist/
E-4 on 1 November 1988.

5.  He deployed to Saudi Arabia, in support of Operations Desert Shield and Desert Storm, from 17 December 1990 through 8 May 1991.

6.  PO Number 46-22, issued by the Headquarters, 207th Military Intelligence Brigade on 30 September 1991, awarded him the ARCOM for meritorious service.

7.  Orders 172-504, issued by Headquarters, Fort Carson and Headquarters,   4th Infantry Division (Mechanized), Fort Carson, CO on 10 September 1992, awarded him MOS 11M (Mechanized Infantryman), effective 10 August 1992.

8.  On 11 December 1992, he was honorably discharged from the Army.  His DD Form 214:

* Item 12c (Record of Service – Net Active Service This Period) shows he was discharged at the conclusion of 4 years, 5 months, and 11 days of net active service
* Item 12f (Record of Service – Foreign Service) shows he completed 1 year, 9 months, and 3 days of foreign service in an unspecified theater of operations
* Item 13 of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Achievement Medal with 3rd Oak Leaf Cluster
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar (Hand Grenade)
* Army Lapel Button

* Item 18 (Remarks) does not contain any entries related to his service in support of Operations Desert Shield/Desert Storm

9.  On 12 December 1992, he enlisted in the Colorado Army National Guard (COARNG).  He was ultimately discharged from the COARNG on 11 December 1993. 

10.  His record does not contain official orders awarding him the EIB.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides that to be awarded the Expert Infantryman Badge; an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or Special Forces specialty.
12.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

13.  There is no evidence in the available record that shows he was awarded the Army Good Conduct Medal (1st Award); however, neither is there evidence of a commander's disqualification for this award.  Additionally, there is no evidence of any convictions by court-martial or receipt of nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).

14.  Army Regulation 600-8-22 states:

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

	b.  The Kuwait Liberation Medal – 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 and 28 February 1991.

	c.  The Kuwait Liberation Medal – 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.

15.  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.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  Table 2-1 provides:  

* Item 12f of the DD Form 214 documents the total amount of foreign service completed during the period covered in item 12c  
* Item 13 of the DD Form 214 documents the decorations, medals, badges, citations, and campaign ribbons awarded or authorized 
* Item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of separating Soldier's during this period of service



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the ARCOM and EIB was carefully considered.

2.  PO awarded him the ARCOM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214, for the period ending 11 December 1992, to show this award.

3.  His DD Form 214, for the period ending 8 February 1985, shows he was awarded the Parachutist Badge.  This award is not shown on his DD Form 214 for the period ending 11 December 1992; therefore, he is entitled to correction of that DD Form 214 to show this award.  

4.  The evidence of record shows he served honorably on active duty during the period 1 July 1988 through 11 December 1992.  There is no evidence he was subject to any disciplinary or derogatory actions during his period of service, and there is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award), for the period 1 July 1988 through 30 June 1991, and his DD Form 214 should be corrected to show this award.

5.  His record shows he deployed to Saudi Arabia, in support of Operations Desert Shield and Desert Storm, from 17 December 1990 through 8 May 1991. His foreign service was within the regulatory timeframe for award of the Kuwait Liberation Medal – Kingdom of Saudi Arabia and the Kuwait Liberation Medal – Government of Kuwait, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

6.  It would also be appropriate to amend item 18 of his DD Form 214 by adding the entry, "SERVICE IN SOUTHWEST ASIA FROM 17 DECEMBER 1990 THROUGH 8 MAY 1991."

7.  His record does not contain official orders awarding him the EIB.  Additionally, there is no evidence in his records, and he did not provide substantiating evidence, which shows he satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  Therefore, barring evidence to the contrary, there is an insufficient basis to grant this portion of the requested relief.  




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the period 1 July 1988 through 30 June 1991
* amending item 13 of his DD Form 214, for the period ending 11 December 1992, to delete the "Kuwait Liberation Medal" and add the:

* ARCOM
* Parachutist Badge
* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal – Kingdom of Saudi Arabia
* Kuwait Liberation Medal – Government of Kuwait

* adding to item 18 of his DD Form 214, for the period ending 11 December 1992, the entry, "SERVICE IN SOUTHWEST ASIA FROM 17 DECEMBER 1990 THROUGH 8 MAY 1991"

2.  The Board further determined 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 correcting his DD Forms 214 to show he was awarded or authorized the EIB.



      ____________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)                                         AR20100019881



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ABCMR Record of Proceedings (cont)                                         AR20130013396



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