BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019064
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 the Army Commendation Medal (ARCOM).
2. The applicant states he was awarded the ARCOM for service during the period 3 May 1990 to 23 April 1992 but the award is not shown on his DD Form 214.
3. The applicant provides a certificate for the ARCOM.
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 10 October 1989.
3. His DA Form 2-1 (Personnel Qualification Record-Part II) shows he served in Southwest Asia from 28 August 1990 to 27 April 1991.
4. A DA Form 638-1 (Recommendation for Award) shows he was awarded the ARCOM for service during the period 3 May 1990 to 23 April 1992 by Permanent Orders Number 12-01, dated 27 March 1992, issued by the 525th Military Intelligence Brigade, Fort Bragg, NC. The DA Form 638-1 shows his expiration of term of service (ETS) as the reason for the award.
5. His records are void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM).
6. He was honorably released from active duty in the rank and grade of specialist (SPC)/E-4 on 22 April 1992, after completing 2 years, 6 months, and 13 days of active duty service. His DD Form 214 does not show the ARCOM or the AGCM as authorized awards. It does show he was awarded the Southwest Asia Service Medal (SWASM) with two bronze service stars and the Kuwait Liberation Medal (KLM).
7. Army Regulation 600-8-22 (Military Awards) states:
a. A bronze service star is authorized for wear with the SWASM 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 KLM 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 KLM 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.
d. The AGCM 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's contention that he was awarded the ARCOM for service during the period 3 May 1990 to 23 April 1992. Therefore, it appears he is authorized correction of his DD Form 214 to show this award.
2. The evidence shows he served in SWA from 28 August 1990 to 27 April 1991 and his DD Form 214 includes the SWASM with two bronze service stars; however, he participated in three campaigns during his service in SWA. Therefore, he is authorized three bronze service stars for wear on his SWASM and correction of his DD Form 214 to reflect the additional bronze service star.
3. Based on his service in SWA, he was awarded the KLM; however, subsequent to his separation from active duty, the KLM awarded by the Government of Kuwait was approved. Therefore, his DD Form 214 should be corrected by deleting the current KLM and replacing it with the KLM-SA and the KLM-K.
4. He was honorably released from active duty in the rank of SPC and his records are void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the AGCM. Additionally, he was awarded the ARCOM upon his ETS. Therefore, it appears he met the criteria for the first award of the AGCM.
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:
a. deleting the SWASM with two bronze service stars and KLM from his
DD Form 214;
b. awarding him the AGCM (1st Award) for the period 10 October 1989 to
22 April 1992; and
c. adding to his DD Form 214 the:
* ARCOM
* SWASM with three bronze service stars
* AGCM (1st Award)
* KLM-SA
* KLM-K
_________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) AR20140019064
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ABCMR Record of Proceedings (cont) AR20140019064
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