BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150001988 


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 Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.

2.  The applicant states he was only awarded the Southwest Asia Service Medal and his DD Form 214 does not list the two awards listed above.

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 28 November 1988.  On 4 May 1989, he was assigned to Company B, 307th Engineer Battalion, 82nd Airborne Division, Fort Bragg, NC.  On 1 August 1990, he was promoted to the rank/grade of specialist (SPC)/E-4.  

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia with his assigned unit in support of Operation Desert Shield/Storm from 8 August 1990 to 14 March 1991.

4.  He was honorably released from active duty on 17 December 1991 in the rank of SPC under the Fiscal Year 1992 Early Transition Program and he was transferred to the U.S. Army Reserve.  He completed 3 years and 20 days of creditable active service with no lost time.  

5.  His DD Form 214 shows he was authorized or awarded:

* Army Service Ribbon
* Army Lapel Button
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Army Achievement Medal

6.  His record is void of any derogatory information, record of a court-martial conviction, or other adverse action that would disqualify him for award of the Army Good Conduct Medal.  His record does not contain a commander's disqualification for the Army Good Conduct Medal. 

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

	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.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.

	c.  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.

	d.  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.

8.  A review of the U.S. Army Human Resources Command website shows Company B, 307th Engineer Battalion, was cited for award of the Meritorious Unit Commendation for the period 6 September 1990 to 19 May 1991, by the Department of the Army in General Order (GO) Number 27, dated 1994.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Southwest Asia during a qualifying period for the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, it would be appropriate to add these awards to his DD Form 214.

2.  His record shows he served honorably during the period 28 November 1988 through 27 November 1991.  He attained the rank of SPC and his record is void of any derogatory information or a commander's disqualification that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on his completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this award.

3.  GO awarded his unit the Meritorious Unit Commendation for a period when he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.






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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 28 November 1988 through 27 November 1991
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Meritorious Unit Commendation



      _______ _ 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)                                         AR20150001988





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001988



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1