IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140014762 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 17 July 1992 to show award of the Joint Service Achievement Medal, Army Good Conduct Medal, Korea Defense Service Medal, Kuwait Liberation Medal (Government of Kuwait), and the Noncommissioned Officer Professional Development Ribbon (NCOPDR).

2.  The applicant states, in effect, he was only 22 years of age when he was released from active duty, in July 1992, due to expiration term of service.  He did not think his awards, medals, ribbons, or certificates mattered at that time; therefore, he did not review his DD Form 214 in a timely manner.  Now, he is 100 percent totally and permanently service-connected disabled and would like to build his shadow box to be able to hand down to his son upon his death.  He would like to have all of his awards accurately displayed and documented on his DD Form 214.  The only documents he currently has are already in his Official Military Personnel File (OMPF).  This is important to him as he now realizes just how much his service meant not only to himself, but to his son.  He received the:

* Joint Service Achievement Medal (Team Spirit Joint Exercises Korea, 1989 and Desert Shield, Desert Storm Coalition Forces, Saudi Arabia/Iraq, from 1990-1991) 
* Army Good Conduct Medal (awarded to him the day before he separated – the orders were all completed, but are not in his OMPF for some reason) 
* Korea Defense Service Medal (retroactive from 2000 for a hardship tour of duty in Korea, from 1989-1990) 
* Kuwait Liberation Medal (Government of Kuwait) (he received the Kuwait Liberation Medal (Kingdom of Saudi Arabia), but he did not receive the Kuwait Liberation Medal awarded by the government of Kuwait) 
* NCOPDR (he completed the Primary Leadership Development Course (PLDC) in 1992 while on active duty at Fort Hood, TX, but it is not listed on his DD Form 214 and he does not have the certificate any longer)

3.  The applicant provides no additional evidence in support of his request.

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 evidence of record shows the applicant enlisted in the Missouri Army National Guard (MOARNG) on 10 April 1987.

3.  He entered active duty for training (ADT) on 15 June 1988.  He was awarded military occupational specialty 68J (Aircraft Fire Control Repairer) and was honorably released to his unit in the MOARNG on 2 February 1989.  His 
DD Form 214 for this period shows he had 7 months and 18 days of net active service, 2 months and 6 days of prior active service, 11 months and 29 days of prior inactive service, and no foreign service.  Additionally, it shows he was awarded or authorized the Army Service Ribbon and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His record contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that shows he was honorably discharged from the MOARNG on 9 August 1989.  He subsequently enlisted in the Regular Army on 10 August 1989. 




5.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  Item 5 (Overseas Service) that he was assigned to:

* Korea, from September 1989 to September 1990 (12 months)
* Southwest Asia, from October 1990 to April 1991 (6 Months)

	b.  Item 9 (Awards, Decorations and Campaigns) show he was awarded or authorized the:

* Army Service Ribbon
* Army Achievement Medal
* National Defense Service Medal
* Kuwait Liberation Medal 
* Southwest Asia Service Medal with three bronze service stars
* Army Commendation Medal (2nd Award)
* Overseas Service Ribbon
* NCOPDR

	c.  Item 17 (Civilian and Military Schools) show he attended and completed PLDC (2 weeks) at the Region IV NCO Academy in 1992.

6.  His record does not contain evidence of a recommendation for award or orders that awarded him the Joint Service Achievement Medal.

7.  He was honorably released from active duty on 17 July 1992.  His DD Form 214 shows he completed 2 years, 11 months, and 8 days of net active service, of which 1 year, 6 months, and 3 days was credited as foreign service.  Additionally: 

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Army Service Ribbon
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Kuwait Liberation Medal
* Southwest Asia Service Medal with three bronze service stars
* Overseas Service Ribbon
* Expert Badge (Rifle)
* Army Lapel Button

	b.  Item 14 (Military Education) contains the entry "None// Nothing Follows."

	c.  Item 18 (Remarks) contains the entry, "Service in Southwest Asia 901012 – 910114."

8.  Army Regulation 600-8-22 (Military Awards) 

	a.  The Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983 and implemented by Department of Defense (DOD) Manuel Number 1348.33-M.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by outstanding performance of duty and meritorious achievement.  The prescribing directive for the Joint Service Achievement Medal is DOD 1348.33-M.  [However, it should be noted that the Joint Service Achievement Medal is awarded for personal performance, and like all personal decorations, requires formal recommendations, approval through the appropriate chain of command, and announcement in orders.]

	b.  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.  

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  The Kuwait Liberation Medal (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.

	e.  The Kuwait Liberation Medal (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.

	f.  The NCOPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCOES successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

9.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active service.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 (Completing the DD Form 214) of this regulation states for:

	a.  Item 13 list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

	b.  Item 14, from the Enlisted Record Brief or DA Form 2-1 (Personnel Qualification Record – Part II), lists formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his missing awards has been carefully considered.

2.  The applicant served on active duty from 10 August 1989 to 17 July 1992 and was honorably released from active duty.  His record does not contain any derogatory information that would indicate his commander intended to deny him this award.  Since it appears he met the criteria for award of the Army Good Conduct Medal (1st Award), it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 10 August 1989 to 17 July 1992, and correct his DD Form 214, for the period ending 17 July 1992, to show this award. 

3.  The evidence of record shows he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his        DD Form 214, for the period ending 17 July 1992, show this award. 

4.  His DD Form 214 for the period ending on 17 July 1992 shows he was awarded the Kuwait Liberation Medal; but it does not specify whether this award was the KLM-K or the KLM-SA.  Nevertheless, he served a qualifying period in Southwest Asia for both awards.  Therefore, he is entitled to correction of his   DD Form 214, for the period ending 17 July 1992, to show these awards.

5.  The evidence of record shows he completed the 2-week PLDC course in 1992.  His DD Form 214, for the period ending 17 July 1992, reflects neither completion of this course nor his corresponding award of the NCOPDR; therefore, he is entitled to correction of his DD Form 214, for the period ending 17 July 1992, to show the NCOPDR with Numeral "1" in item 13 and this course in item 14.

6.  There is no evidence in his OMPF and he did not provide evidence that shows he was awarded the Joint Service Achievement Medal.  As such, there is insufficient evidence to justify adding this award to his DD Form 214 for the period ending on 17 July 1992.  

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 amending his DD Form 214 for the period ending on 17 July 1992 by:

	a.  deleting from item 13 the Kuwait Liberation Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Kuwait Liberation Medal (Government of Kuwait) 
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Noncommissioned Officer Professional Development Ribbon with Numeral "1"
	b.  adding to item 14 the entry "PLDC, 2 weeks, 1992."

2.  The Board further determined that 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 the Joint Service Achievement Medal.  



      _______ _   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)                                         AR20140014762



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ABCMR Record of Proceedings (cont)                                         AR20140014762



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