IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150002724 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: * Army Commendation Medal * Army Achievement Medal (4th Award) * Army Good Conduct Medal (2nd Award * Kuwait Liberation Medal - Kuwait * Kuwait Liberation Medal - Saudi Arabia 2. He states his DD Form 214 is in error because he was awarded the Army Achievement Medal (4th Award) and Army Commendation Medal prior to his discharge and the remaining awards should have been added afterwards. 3. He provides: * a DA Form 4980-14 (Army Commendation Medal Certificate) * 4 DA Forms 4980-18 (Army Achievement Medal Certificate) * a DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal) * a 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 15 January 1985. 3. The applicant's record contains: a. Permanent Orders Number 36-123, dated 28 April 1986, which show he was awarded the Army Achievement Medal for outstanding achievement during the period 2 to 10 December 1985. He provides the certificate commemorating his receipt of this award. b. Permanent Orders Number 49-59, dated 13 June 1986, which show he was awarded the Army Achievement Medal (2nd Award) for meritorious service during the period 31 March to 2 April 1986. He provides the certificate commemorating his receipt of this award. c. Permanent Orders Number 2-9, dated 2 February 1988, which show he was awarded the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency and fidelity in active military service during the period 15 January 1985 to 14 January 1988. d. Permanent Orders Number 116-21, dated 13 June 1989, which show he was awarded the Army Achievement Medal (3rd Award) for meritorious service during the period 17 July 1986 to 17 July 1989. He provides the certificate commemorating his receipt of this award. e. DA Form 2-1 (Personnel Qualification Record-Part II) which shows in item 5 (Oversea Service) that he was stationed in Germany for 3 years and that he deployed to Saudi Arabia from 29 August 1990 to 22 March 1991. Item 27 (Remarks) shows he received Imminent Danger Pay for the period 29 August 1990 to 22 March 1991. 4. On 11 December 1991, the applicant was released from active duty in the rank/pay grade of sergeant/E-5 and transferred to an Army National Guard unit. The applicant's DD Form 214 shows in: a. item 12f (Foreign Service), the entry "0003 06 19" indicating he completed 3 years, 6 months, and 19 days of foreign service; and b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Army Service Ribbon * Army Lapel Button * Southwest Asia Service Medal with 2 bronze service stars * Army Good Conduct Medal (1st Award) * Overseas Service Ribbon * Noncommissioned Officer Professional Development Ribbon * Expert Marksmanship Badge with Pistol Badge * Army Achievement Medal (2nd oak leaf cluster (denoting 3rd Award)) 5. There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the second award of the Army Good Conduct Medal. 6. The applicant provides: a. a DA Form 638-1 and certificate which show he was awarded the Army Achievement Medal (4th Award) for meritorious achievement during the period 10 August 1990 to 22 March 1991. He provides the certificate commemorating his receipt of this award. The DA Form 638-1 shows he was previously award the Army Achievement Medal (3rd Award) and Army Good Conduct Medal (1st Award). b. a certificate, dated 22 November 1991, which shows Permanent Orders Number 42-2 awarded him the Army Commendation Medal for meritorious service during the period 6 September 1989 to 13 November 1991. 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. 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 1991 and 28 February 1991. c. 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. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show additional awards and decorations was carefully considered. 2. Permanent orders awarded the applicant the following awards that are not shown on his DD Form 214: * Army Commendation Medal * Army Achievement Medal (4th Award) 3. Evidence shows the applicant completed a qualifying period of service in Saudi Arabia for entitlement to the Kuwait Liberation Medal – Kuwait and Kuwait Liberation Medal - Saudi Arabia; neither of which is shown on his DD Form 214. 4. Evidence shows the applicant completed a period of honorable service wherein there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (2nd Award) for the period for exemplary behavior, efficiency and fidelity in active military service during the period 15 January 1988 to 14 January 1991 and to correct his DD Form 214 to show this 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: a. awarding him the Army Good Conduct Medal (2nd Award) for the period 15 January 1988 to 14 January 1991; b. deleting the Army Achievement Medal (2nd oak leaf cluster) and Army Good Conduct Medal (1st Award) from item 13 of his DD Form 214; and c. adding the following to item 13 of his DD Form 214: * Army Commendation Medal * Army Achievement Medal (4th Award) * Army Good Conduct Medal (2nd Award) * Kuwait Liberation Medal - Kuwait * Kuwait Liberation Medal - Saudi Arabia _______ _ 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) AR20150002724 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002724 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1