Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140021415
Original file (20140021415.txt) Auto-classification: Approved

	

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20140021415 


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 Good Conduct Medal.

2.  The applicant states that he served the appropriate term of service and had no disciplinary actions.  Due to transfers and drawdowns after Desert Storm he was in a transitional assignment during the time frame he would have been awarded the medal and it was overlooked.

3.  The applicant provides his DD Form 214.

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 12 August 1987.

3.  He served in military occupational specialty 12B (Combat Engineer) and the highest grade held during his active duty period of service was specialist (SPC)/E-4.

4.  He completed a deployment to Southwest Asia from 29 November 1990 to 
4 May 1991.

5.  He was honorably released from active duty on 30 November 1991.  His 
DD Form 214 shows he completed 4 years, 3 months, and 19 days of active service with no lost time.  I also shows he was awarded or authorized the: 

* Army Service Ribbon
* Overseas Service Ribbon 
* Army Commendation Medal
* Army Achievement Medal
* Army Lapel Button
* National Defense Service Medal
* Overseas Service Bar
* Southwest Asia Service Medal with two bronze service stars

6.  His records do not contain orders awarding him 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.  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 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.

   d.  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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably on active duty in the Regular Army from 
12 August 1987 through 30 November 1991.  He attained the rank/grade of SPC/E-4.  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.  His service in Southwest Asia from 29 November 1990 to 4 May 1991 is a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).  This period of service coincides with three campaigns.  Therefore, he is also authorized an additional bronze service star for wear on his previously-awarded Southwest Asia Service Medal.

3.  In view of the above, his request should be granted.


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:

* Deleting from his DD Form 214 the Southwest Asia Service Medal with two bronze service stars
* awarding him the Army Good Conduct Medal (1st Award) for the period 
12 August 1987 through 11 August 1990
* adding the following awards to his DD Form 214

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* 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)                                         AR20140021415



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021415



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130015757

    Original file (20130015757.txt) Auto-classification: Approved

    The applicant requests the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 June 1991: * Kuwait Liberation Medal - Saudi Arabia * Kuwait Liberation Medal - Government of Kuwait 2. Based on his service with the 4th Battalion, 32nd Armor, he is authorized the Valorous Unit Award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD...

  • ARMY | BCMR | CY2009 | 20090007352

    Original file (20090007352.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 September 1991 to show the Army Achievement Medal, Army Good Conduct Medal, Southwest Asia Service Medal with 2 bronze service stars, Combat Infantryman Badge, Expert Infantryman Badge, Kuwait Liberation Medal-Government of Kuwait, and the Kuwait Liberation Medal-Saudi Arabia. There are no orders in the applicant's military personnel records awarding him the...

  • ARMY | BCMR | CY1995 | 9510507C070209

    Original file (9510507C070209.TXT) Auto-classification: Approved

    The applicant requests correction of his military records to reflect service in Southwest Asia and associated service medals. The evidence of record confirms the applicant serviced in Southwest Asia from September 1990 through April 1991 and as such is entitled to the Southwest Asia Service Medal with three bronze service stars, and the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the Government of Kuwait. That all of the Department of the Army records related to...

  • ARMY | BCMR | CY2012 | 20120010724

    Original file (20120010724.txt) Auto-classification: Approved

    The applicant requests, in two separate applications, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Valorous Unit Award * Southwest Asia Service Medal * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) * Any other awards to which he may be entitled 2. Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in...

  • ARMY | BCMR | CY2011 | 20110002772

    Original file (20110002772.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 March 1992 to show his overseas service in the Gulf War, award of the Southwest Asia Service Medal with two bronze service stars, both Kuwait Liberation Medals, and overseas service deployment number (taken to mean Overseas Service Ribbon). As such, it would be appropriate to show he served overseas during the period 4 October 1990 to 7 April 1991 by changing...

  • ARMY | BCMR | CY2012 | 20120022516

    Original file (20120022516.txt) Auto-classification: Approved

    The applicant requests the following corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 12f (Foreign Service) to show his total amount of foreign service * Item 13 (Decorations, Medal, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) to show the Army Achievement Medal (2nd Award) and Bronze Star Medal 2. Army Regulation 600-8-22 (Military Awards) states: a. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2014 | 20140011282

    Original file (20140011282.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 12f (Foreign Service), his foreign service in Southwest Asia * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Southwest Asia Service Medal * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) 2. The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United...

  • ARMY | BCMR | CY2007 | 20070018649

    Original file (20070018649.TXT) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct grade and all his awards and decorations as a result of his service in the Persian Gulf War. Evidence of record shows that the applicant served in Southwest Asia during the Persian Gulf War from 13 January 1991 to 13 May 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the...

  • ARMY | BCMR | CY2015 | 20150003740

    Original file (20150003740.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf War and award of the appropriate service medals or ribbons. The applicant states his records are in error because they do not show he served in the Persian Gulf War from 1990-1991 nor was he awarded the appropriate campaign ribbons for that service.

  • ARMY | BCMR | CY2011 | 20110010178

    Original file (20110010178.txt) Auto-classification: Approved

    The applicant requests award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award. The evidence of record confirms the applicant served honorably on active duty during the period 24 September 1987 through 21 June 1991 and he was advanced in rank three times during this period. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....