IN THE CASE OF:	

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140004490 


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 records to show the Army Commendation Medal and the Army Good Conduct Medal. 

2.  The applicant states he served in the Regular Army (RA) from September 1984 to July 1987.  He was put out early because of the military drawdown.  He then served with the Army National Guard (ARNG) during the Gulf War for 8 months.  He believes this should give him enough time to qualify for the Army Good Conduct Medal. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 16 May 1991; DD Form 214, ending on 17 July 1987; and a certificate for award of the Army Commendation Medal, dated 1 July 1991. 

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 from his first enlistment in the RA are not available for review with this case.  However, his DD Form 214 shows:

* he enlisted in the RA on 18 September 1984 and at the time of separation he held military occupational specialty (MOS) 12B (Combat Engineer)
* he was honorably released from active duty on 17 July 1987 due to reduction in authorized strength 
* he held the rank/grade of specialist four (SP4)/E-4 and he completed 
2 years and 10 months of active service with no lost time
* he was awarded or authorized the Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, and Army Lapel Button 

3.  Following his release from active duty, he enlisted in the Ohio ARNG (OHARNG) on 18 July 1987.  He was assigned to Company A, 216th Combat Engineer Battalion.

4.  On 1 July 1989, he was separated from the OHARNG as an unsatisfactory participant with a general discharge and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

5.  On 7 August 1990, he enlisted in the California ARNG (CAARNG) and he held MOS 88M (Motor Transport Operator).  He was assigned to the 2668th Transportation Company.  

6.  On 20 September 1990, he was ordered to active duty in support of Operations Desert Shield/Storm.  He served in Southwest Asia from 
3 November 1990 to 20 April 1991. 

7.  He was honorably released from active duty on 16 May 1991.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars
* Army Lapel Button 

8.  Permanent Orders (PO) 182-637, issued by Headquarters, 101st Support Group, 1st Corps Support Command, Fort Bragg, NC, awarded him the Army Commendation Medal for meritorious service from 17 January to 1 March 1991. 

9.  On 8 September 1991, he was issued a DD Form 215 (Correction to DD Form 214) that corrected his DD Form 214 as follows: 

* added awards of the Driver and Mechanic Badge and the Southwest Asia Service Medal with bronze service star
* corrected his service in Southwest Asia from "20 September 1990 to 20 April 1991" to "3 November 1990 to 20 April 1991" 

10.  He was separated from the CAARNG on 15 April 1992 as an unsatisfactory participant with a general, under honorable conditions discharge.  He was transferred to the USAR Control Group (Reinforcement). 

11.  His records also do not contain official orders awarding him the Army Good Conduct Medal.  

12.  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.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

	a.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.

	b.  For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty

13.  Army Regulation 600-8-22 also provides for the following awards: 

	a.  The Southwest Asia Service Medal is awarded to members serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for participation in each credited campaign.  Approved designated campaigns are:


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

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.  With respect to the Army Good Conduct Medal: 

	a.  The applicant initially served on active duty from 18 September 1984 through 17 July 1987.  He was honorably released from active duty on 17 July 1987 due to reduction in authorized strength.  He held the rank/grade of SP4/E-4 and he completed 2 years and 10 months of active service with no lost time.

	b.  Although his records from his first enlistment are not available, it appears it would be appropriate to award him the first award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Army service and correcting his DD Form 214, ending on 16 May 1991, to show this award.

	c.  His subsequent active service from 20 September 1990 to 16 May 1991 would not have counted (for award of the Army Good Conduct Medal) because the period of service is less than 3 consecutive years.  His first active service (1984 to 1987) and next active service (1990 to 1991) were not consecutive. 

2.  PO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 ending on 16 May 1991 to show this award. 

3.  The applicant served in Southwest Asia from 3 November 1990 to 20 April 1991.  This period of service qualifies him for award of three (vice one) bronze service stars, designating campaign participation in three campaigns, to be affixed to his already-awarded Southwest Asia Service Medal and correction of his DD Form 214 ending on 16 May 1991 to show these service stars. 
4.  He served in Southwest Asia from 3 November 1990 to 20 April 1991.  Therefore, he served a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  Therefore, his 
DD Form 214, ending on 16 May 1991, should be corrected to show both awards. 

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 18 September 1984 through 17 July 1987 
* deleting from his DD Form 214 ending on 16 May 1991 (as amended by a DD Form 215) the Southwest Asia Service Medal with bronze service star 
* adding to his DD Form 214, ending on 16 May 1991, the:

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



      _______ _   _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)                                         AR20140004490



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ABCMR Record of Proceedings (cont)                                         AR20140004490



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