BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150000664 


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 award of the Southwest Asia Service Medal, Kuwait Liberation Medal – Kuwait, Kuwait Liberation Medal – Saudi Arabia, Combat Infantryman Badge, and all other awards he may be entitled to.

2.  The applicant states after returning from Operation Desert Storm, many orders were not completed prior to his expiration term of service (ETS) date; therefore, the awards were not documented correctly on his DD Form 214.

3.  The applicant provides no 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 enlisted in the Regular Army on 5 February 1988.  He completed training and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  The applicant's record contains:

   a.  DA Form 2-1 (Personnel Qualification Record).  Item 27 (Remarks) contains an entry which indicates he performed duty in an imminent danger pay area in Southwest Asia for the period 29 August 1990 through 22 March 1991.

   b.  Permanent Orders 7-70, issued by Headquarters, 24th Infantry Division (Mechanized), dated 18 March 1991, which awarded him the Combat Infantryman Badge, effective 28 February 1991.

4.  On 4 February 1992, he was honorably released from active duty at his ETS and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the rank/grade of specialist (SPC)/E-4.  The DD Form 214 he was issued shows he was awarded the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal with 2 bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars
* Overseas Service Ribbon

5.  His records do not contain official orders awarding him the Army Good Conduct Medal nor do they contain any reference of disqualification for award of the Army Good Conduct Medal.

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

   a.  The Kuwait Liberation Medal - Saudi Arabia 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 and 28 February 1991.  Additionally, this regulation also states the Kuwait Liberation Medal - Kuwait 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.

   b.  The Army Good Conduct Medal 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 applicant's request to correct his DD Form 214 to show award of the Southwest Asia Service Medal, Kuwait Liberation Medal – Kuwait, Kuwait Liberation Medal – Saudi Arabia, Combat Infantryman Badge, and all other awards he may be entitled to receive has been carefully examined.

2.  The Southwest Asia Service Medal with two bronze service stars is correctly listed on the applicant's DD Form 214.  Therefore, there is no need for correction.

3.  The evidence shows he served a qualifying period of time in a designated location to qualify for award of both the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to have his DD Form 214 corrected to show these foreign awards.

4.  The applicant was promoted to SPC/E-4 and there is no record of any disciplinary action being taken against him or a justification or disqualification for award of the Army Good Conduct Medal.  Based on his overall record of service it appears an administrative error occurred resulting in failure to award him the first award of the Army Good Conduct Medal prior to his discharge.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award), for the period 5 February 1988 through 4 February 1991, and to correct his DD Form 214 to show this award.

5.  Permanent orders award him the Combat Infantryman Badge; therefore, the applicant’s DD Form 214 should be corrected to show this badge.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 February 1988 through 4 February 1991; and
   
   b.  adding the following to his DD Form 214:
   
* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal – Kuwait
* Combat Infantryman Badge



      _______ _   _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)                                         AR20150000664



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ABCMR Record of Proceedings (cont)                                         AR20150000664



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