IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140019510 


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 Combat Infantryman Badge and Kuwait Liberation Medal (Kuwait). 

2.  The applicant states the above awards are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and Permanent Orders (PO) 8-35.

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.  Having had prior service in the Army National Guard, the applicant enlisted in the Regular Army on 1 July 1990.  He held military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman). 
3.  He served in Southwest Asia from 3 September 1990 to 29 March 1991. 

4.  PO Number 8-35, issued by Headquarters, 24th Infantry Division on 19 March 1991 awarded him the Combat Infantryman Badge. 

5.  He was honorably discharged from active duty in the rank/grade of specialist four (SP4)/E-4 by reason of disability on 1 July 1993.  His DD Form 214 for this period of service shows he completed 3 years and 1 day of active service with no lost time.  It also shows in: 

* item 12f (Foreign Service), no foreign service 
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Southwest Asia Service Medal with 2 bronze service stars
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with ITV Gunner Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with TOW Gunner Bar
* Kuwait Liberation Medal (Saudi Arabia)

6.  His records do not reveal any derogatory information on file, such as lost time, court-martial conviction, non-judicial punishment, or a bar to reenlistment that would have disqualified him from receiving his first award of the Army Good Conduct Medal. 

7.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  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.

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 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.

8.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter 2 states that for item 12, enter the total foreign service completed during the period covered by the DD Form 214 and for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Southwest Asia from 3 September 1990 to 29 March 1991, a period of 6 months and 27 days of foreign service. Therefore, item 12f of his DD Form 214 should be corrected to show this service. 

2.  PO awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this badge. 

3.  Based on his service in Southwest Asia he served during a qualifying period for award of the Kuwait Liberation Medal (Kuwait).  Therefore, his DD Form 214 should be corrected to show this award. 

4.  He served honorably on active duty in the Regular Army from 1 July 1990 to 1 July 1993.  He attained the rank/grade of SP4/E-4, completed 3 years and 
1 day of creditable active service, and his service was terminated by reason of disability.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Army service and correcting his DD Form 214 to show this award.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* deleting from item 12f of his DD Form 214 the entry "00-00-00" and adding the entry "00-06-27"
* awarding him the Army Good Conduct Medal (1st Award) for the period 1 July 1990 through 30 June 1993
* adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Combat Infantryman Badge, and 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)                                         AR20140019510



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ABCMR Record of Proceedings (cont)                                         AR20140019510



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