IN THE CASE OF

		BOARD DATE:	    29 July 2014

		DOCKET NUMBER:  AR20130020469 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Kuwait and all awards he is entitled to.

2.  The applicant states that his deployment to Kuwait is not reflected on his 
DD Form 214.

3.  The applicant provides copies of his DD Form 214, the DA Form 638 (Recommendation for Award) of the Army Achievement Medal (AAM) and a Certificate of Achievement. 

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 12 October 1995 for a period of 3 years and training as a cannon crewman.  He completed one-unit station training and was transferred to Fort Hood, Texas.  He deployed to Kuwait during the period 19960917 – 19961217  (3 months and 1 day).

3.  On 11 October 1998, he was honorably released from active duty (REFRAD) due to completion of required active service.  He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Joint Meritorious Unit Award, National Defense Service Medal, Army Service Ribbon, and his marksmanship badge.

4.  A review of his official records failed to show any derogatory information that would disqualify him for award of the Army Good Conduct Medal and it does not contain a disqualification from the unit commander for that award.

5.  On 9 December 1998, the applicant was awarded the AAM in Permanent Orders Number 343-03 issued by Headquarters, 2nd Battalion, 82nd Field Artillery Regiment for the period 10 March 1996 to 28 October 1998.

6.  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.  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.  

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.

	a.  For item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  For item 18 (Remarks) for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  Army Regulation 635-5, in effect at the time, provides that only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AAM in duly-authenticated orders and is entitled to have that award added to his DD Form 214.

2.  The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 12 October 1995 to 11 October 1998.  Accordingly, it should be awarded at this time and added to his DD Form 214.

3.  The applicant deployed to Kuwait for 3 months during the period 19960917 – 19961217 and is entitled to have that information reflected on his DD Form 214.  

4.  The applicable regulation provides that Certificates of Achievement or Appreciation will not be entered on the DD Form 214.

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:

* Deleting the entry “0000  00  00” from item 12f of his DD Form 214
* Awarding him the Army Good Conduct Medal (1st Award) for the period 12 October 1995 to 11 October 1998
* Adding the entry “0000  03  01” to item 12f of his DD Form 214
* Adding the awards of the Army Good Conduct Medal (1st Award) and AAM to his DD Form 214
* Adding the entry “Service in Kuwait from 19960917 – 19961217” to item 18 of his DD Form 214

2.  The Board further determined that the evidence presented was 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 adding a Certificate of Achievement to his DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20130020469



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020469



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1