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
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