BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016602 BOARD VOTE: ____x_____ ____x___ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016602 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 September 1989 to 4 September 1992; b. deleting from his DD Form 214 the Kuwait Liberation Medal; c. adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Meritorious Unit Commendation, Kuwait Liberation Medal – Kuwait, and 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. BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016602 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 award of the Army Good Conduct Medal. 2. The applicant states he served for 3 years without interruption during a period of war. He had no discipline or other problems of any kind. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 September 1989, completed training, and was awarded military occupational specialty 51B (Carpentry and Masonry Specialist). 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Saudi Arabia from 28 October 1990 through 29 June 1991 (Company A, 62nd Engineer Battalion). 4. On 4 September 1992, the applicant was released from active duty in the rank of specialist four/E-4. His DD Form 214 shows: * 3 years of active service * 8 months and 2 days of foreign service * an honorable characterization of service * no lost time * award of the: * Army Achievement Medal with One Oak Leaf Cluster * National Defense Service Medal * Army Service Ribbon * Driver and Mechanic Badge with Driver – W and Mechanic Bars * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Southwest Asia Service Medal with three bronze service stars * Army Lapel Button * German Armed Forces Marksmanship Award in bronze * German Armed Forces Military Efficiency Badge in bronze * Kuwait Liberation Medal 5. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal. 6. The available service records contain very little evidence of the applicant's period of active service beyond his certificates/authorization to wear the German badges. 7. Headquarters, Department of the Army General Orders (GO) Number 12, issued on 13 May 1994, awarded the 62nd Engineer Battalion the Meritorious Unit Commendation (MUC) for service from 31 October 1990 to 15 April 1991. REFERENCES: 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. 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. 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. DISCUSSION: 1. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his war time service, his conduct and efficiency ratings, his personal decorations, and advancement to pay grade E-4. The record contains no evidence of any disqualifying incidents or recommendations. It appears he met the criteria for award of the Army Good Conduct Medal for his period of service from 5 September 1989 through 4 September 1992. 2. The applicant served in the Persian Gulf War during the eligibility period for award of the Kuwait Liberation Medal – Kuwait and the Kuwait Liberation Medal – Saudi Arabia. His DD Form 214 shows only the "Kuwait Liberation Medal." 3. The applicant was assigned to the 62nd Engineer Battalion during a period for which the unit was awarded the MUC. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016602 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016602 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2