IN THE CASE OF:	  

		BOARD DATE:  4 March 2014

		DOCKET NUMBER:  AR20130019212 


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 award of the Army Good Conduct Medal.

2.  The applicant states the Army Good Conduct Medal is awarded for 3 consecutive years of honorable and faithful enlisted service.  He served honorably for 3 years from June 1988 to June 1991 and he earned this medal.

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's records show he enlisted in the Regular Army on 23 June 1988 and he held military occupational specialty 91A (Medical Specialist).  He served in Southwest Asia from 16 August 1990 to 2 April 1991.

3.  Orders 129-94 issued by 82d Airborne Division on 1 May 1991 awarded him the Army Commendation Medal for meritorious achievement while assigned to Headquarters and Headquarters Company, 3d Battalion, 505th Infantry Regiment, during Operation Desert Storm from 17 January to 21 March 1991.

4.  Permanent Orders 96-38 issued by Headquarters, 82d Airborne Division, Fort Bragg, NC, on 18 May 1991 awarded him the Combat Medical Badge for service on 23 February 1991.

5.  He was honorably released from active duty on 22 June 1991 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

6.  His DD Form 214 shows he completed 3 years of active service with no lost time and he was fully eligible to reenlist.  His DD Form 214 also shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Army Achievement Medal
* Expert Field Medical Badge
* Multinational Forces and Observers Medal

7.  He enlisted in the Army National Guard on 17 July 1991 in connection with his release from active duty.  He followed that with two reenlistments in the USAR.  He was discharged from the USAR on 14 May 1999 to accept an appointment as a commissioned officer.

8.  He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 15 May 1999.  He has served in a variety of assignments and he is currently serving as a major in the USAR.

9.  His contemporaneous records do not contain derogatory information in the form of lost time, suspension of favorable personnel actions, record of court-martial, or nonjudicial punishment.  Likewise, his records do not contain orders awarding him the Army Good Conduct Medal or a disqualification memorandum.

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

	b.  The 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.  Approved campaigns are:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

	c.  The Kuwait Liberation Medal 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.

	d.  The Kuwait Liberation Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably on active duty in the Regular Army from 23 June 1988 through 22 June 1991.  He completed 3 years of creditable active service.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correct his DD Form 214 to show this award.

2.  Orders awarded him the Army Commendation Medal and Combat Medical Badge.  Neither award is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The applicant served in Southwest Asia from 16 August 1990 to 2 April 1991. 
Based on his service in Southwest Asia, he is authorized award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).  Additionally, he participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on the Southwest Asia Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 23 June 1988 through 22 June 1991
* adding the following awards to his DD Form 214 for the period ending 22 June 1991:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Combat Medical Badge



      _______ _  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)                                         AR20130019212



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019212



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1