IN THE CASE OF:  	  

		BOARD DATE:  27 August 2015	  

		DOCKET NUMBER:  AR20150000875 


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 (AGCM), Bronze Star Medal (BSM), and all other awards he may be entitled to receive.

2.  He states he was never given the AGCM and cannot recall any infractions that might preclude him from receiving the award.  He requests a thorough review of his personnel records and correction of his DD Form 214 to show the missing awards.  He states his platoon leader informed him that he [applicant] was recommended for the BSM for his service during Operation Desert Storm/Shield.  However, upon his return to the United States, he immediately left the service and there was no mention of the award or recommendation.

3.  He provides his DD Form 214 and DA Form 2-1 (Enlisted Qualification Record – Part II).

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.  After having prior service in the U.S. Army Reserve, on 7 September 1989, the applicant enlisted in the Regular Army.  He served in Southwest Asia from 
29 August 1990 to 13 April 1991.  He was honorably released from active duty service on 9 June 1993 in the rank of specialist four (SPC)/E-4 and credited with completing 3 years, 9 months, and 3 days of net active service this period. 

3.  Item 13 of his DD Form 214 shows the:

* Army Achievement Medal (1st Oak Leaf Cluster)
* Army Lapel Button
* Army Service Ribbon
* Kuwait Liberation Medal (KLM)
* National Defense Service Medal
* Southwest Asia Service Medal (SWASM) with three bronze service stars 
* Driver and Mechanic Badge

4.  There is no derogatory information contained in his military personnel file.  There is also no memorandum disqualifying him for award of the AGCM.

5.  His service record is void of evidence which shows he was recommended for or awarded the BSM. 

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

   a.  The AGCM 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 AGCM, disqualification must be justified.  

	b.  The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  The KLM awarded by the Government of Kuwait (KLM-KU) 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 KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

7.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

8.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military personnel file does not contain any derogatory information or a commander's disqualification for award of the AGCM.  The evidence of record shows he was honorably discharged on 9 June 1993, in the grade of SPC/E-4.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 7 September 1989 to 6 September 1992 and correct his DD Form 214 to show this award.



2.  He served in Southwest Asia from 29 August 1990 to 13 April 1991 and he was awarded the SWASM with three bronze service stars and the KLM.  His service in Southwest Asia qualifies him for award of the KLM-KU and the 
KLM-SA.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  His contention that he was recommended for the BSM for his service during Operation Desert Storm/Shield was carefully considered.  However, his service record does not include any recommendations or orders for award of the BSM.  Therefore, there is insufficient evidence on which to correct his DD Form 214 to show this award. 

4.  However, while the available evidence is insufficient for awarding the applicant the BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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:

a. deleting from item 13 of his DD Form 214 the Kuwait Liberation Medal; 

b. awarding him the Army Good Conduct Medal (1st Award) for the period
7 September 1989 to 6 September 1991; and

c. adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
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 award of the Bronze Star Medal.



      ____________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)                                         AR20150000875



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ABCMR Record of Proceedings (cont)                                         AR20150000875



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