IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140020347 


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) to show:

* award of the Army Good Conduct Medal
* his rank/grade as sergeant (SGT)/E-5

2.  The applicant states orders were never issued to award him the Army Good Conduct Medal or promote him to SGT/E-5.  During his military service, he never received any Article 15s and there were no reasons not to award this medal.  When the issue was noted during separation, the commanding officer was not present to sign the orders.  Additionally, he believes his rank/grade should have been that of SGT/E-5.  He fell short 1 or 2 points of the promotion grade scale and had not completed the Primary Leadership Development Course at that point.  He has since been advised that the commanding officer could have signed off on these orders as well.

3.  The applicant does not provide any additional evidence. 

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 show he enlisted in the Regular Army on 17 March 1987 and he held military occupational specialty 11C (Indirect Fire Infantryman).  He was promoted to specialist four/E-4 on 17 May 1988.

3.  He served in Germany from 2 July 1987 to 1 July 1989.  He also served in Southwest Asia from 26 August 1990 to 25 March 1991. 

4.  On 6 November 1990, Headquarters, 24th Infantry Division published Orders 48-4 laterally appointing him to corporal (CPL)/E-4, with a date of rank as 17 May 1988. 

5.  He was honorably released from active duty on 6 May 1991.  His DD Form 214 shows he completed 4 years, 1 month, and 20 days of active service with no lost time.  It also shows in: 

* items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - "CPL" and "E-4"
* item 12i (Effective Date of Pay Grade) - "1999-05-17"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the: 

* Army Service Ribbon
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle, Grenade, and Mortar (81mm) Bars
* Overseas Service Ribbon (2nd Award)
* Expert Infantryman Badge
* Army of Occupation Medal
* Combat Infantryman badge
* Army Achievement Medal (1st Oak Leaf Cluster)
* Item 18 (Remarks) shows he deployed to Southwest Asia during the period 26 August 1990 to 25 March 1991

6.  His records do not contain orders awarding him his first award of the Army Good Conduct Medal.  His records also do not show any derogatory information in the form of lost time, a record of court-martial conviction, nonjudicial punishment, or a commander's disqualification memorandum. 
7.  On 30 October 1992, he was issued a DD Form 215 (Correction to DD Form 214) that added the Southwest Asia Service Medal with 2 bronze service stars and the Kuwait Liberation Medal to his DD Form 214. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

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

	c.  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.

	d.  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.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* Items 4a and 4b, enter the enlisted rank/grade at the time of the Soldier's separation
* Item 12h, enter the effective date of rank
* Item 13, enter all awards and decorations obtained from the Soldier's records
DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably on active duty in the Regular Army from 17 March 1987 through 6 May 1991.  He attained the rank/grade of CPL/E-4 – completed 4 years, 1 month, and 20 days of active service.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correct his DD Form 214 to show this award.

2.  The applicant served in Southwest Asia from 26 August 1990 to 25 March 1991.  Based on his service in Southwest Asia, he is authorized award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). Although he was issued a DD Form 215 that added award of the Kuwait Liberation Medal, this form did not specify which country awarded this medal.   As a matter of clarity, this DD Form 215 should be voided and a new one issued to list the correct awards. 

3.  With respect to the rank/grade, the available evidence shows the highest rank/grade he attained during his military service was CPL/E-4.  There is no evidence the applicant was promotable to SGT, completed the educational requirements for promotion to SGT, met the cut-off scores for his primary specialty, or was issued promotion orders that confirm his promotion to SGT/E-5. In the absence of a promotion instrument - an order - there is no basis for granting this portion of his request.

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:

* voiding his previously-issued DD Form 215 
* awarding him the Army Good Conduct Medal (1st Award) for the period 17 March 1987 through 16 March 1990
* adding the following awards to his DD Form 214 

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

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 his rank/grade of SGT/E-5. 



      _______ _   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)                                         AR20140020347





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ABCMR Record of Proceedings (cont)                                         AR20140020347



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