BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140011193 


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 his rank and pay grade as specialist (SPC)/E-4 and award of the Army Achievement Medal (AAM).

2.  The applicant states he served in the rank and pay grade of SPC/ E-4 and he was awarded the AAM; however, they were not recorded on his DD Form 214 when he separated from active duty.

3.  The applicant provides copies of his DD Form 214, promotion certificate and an AAM Certificate. 

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 8 November 1988 for a period of 3 years.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a petroleum storage specialist at Fort Lee, Virginia before being transferred to Germany on 15 August 1989. 

3.  He deployed to Southwest Asia during the period of 21 December 1990 to 29 April 1991 and was advanced to the pay grade of E-4 on 1 January 1991.

4.  On 10 August 1991, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve.  His DD Form 214 issued at the time of his REFRAD shows his rank and pay grade as “PFC” and “E3” with an effective date of 1 February 1990.  He served for 2 years, 9 months and 3 days.  It also shows that he was awarded the Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, Southwest Asia Service Medal with two bronze service stars and his marksmanship badges.

5.  The AAM Certificate provided by the applicant shows he was awarded the AAM by Orders Number 1-66 issued by 1st Cavalry Regiment, 1st Armored Division for meritorious achievement during the period 15 December 1990 to 1 May 1991.  

6. The applicant’s records do not contain a copy of the orders awarding him the AAM or the Army Good Conduct Medal (AGCM).  Additionally, there is no record in the applicant’s file showing he was reduced in grade and there is no derogatory information that would serve to disqualify him for award of the AGCM.  It is also noted that his separation orders were amended to show his rank and pay grade as SPC/ E-4.

7.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  The 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 AGCM, disqualification must be justified.  

8.  Army Regulation 600-8-22 states 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.

9.  Army Regulation 600-8-22 states 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.  The applicant was advanced to the pay grade of E-4 on 1 January 1991 and is entitled to have his DD Form 214 corrected to show his rank and pay grade as SPC/E-4.

2.  He was also awarded the AAM by official orders and is entitled to have it added to his DD Form 214 as well.

3.  There are additional awards that the applicant is entitled to based on his overall service to include service in Southwest Asia in support of Desert Storm/Desert Shield.  In review, the applicant’s records do not have evidence of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal and his first term of enlisted service was honorable.  Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period of 8 November 1988 to 10 August 1990 and this award should be added to his DD Form 214.  The applicant also served during qualifying periods for awards of the KLM-SA and KLM-K.  Accordingly, they should be added to his DD Form 214.  

BOARD VOTE:

________  ________  ________  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 amending his DD Form 214 as follows and issuing appropriate orders:

* Deleting the entries “PFC” and “E3” in items 4a and 4b
* Deleting the entry “90 02 01” in item 12h
* Awarding the applicant the Army Good Conduct Medal (1st Award) for the period of 8 November 1988 to 10 August 1991


* Adding the entry “SPC” and “E4” in items 4a and 4b 
* Adding the entry “91 01 01” to item 12h 
* Adding the awards of the AGCM, AAM, KLM-SA and KLM-K to item 13



      _______ _   _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)                                         AR20140011193



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ABCMR Record of Proceedings (cont)                                         AR20140011193



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