IN THE CASE OF: BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20150004985 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 (ARCOM) * Joint Service Achievement Medal (JSAM) * Kuwait Liberation Medal (Kuwait) (KLM-KU) * Southwest Asia Service Medal (SWASM) with three bronze service stars * Army Good Conduct Medal (AGCM) 2. The applicant states: a. His DD Form 214 does not reflect the above-mentioned awards. b. He deployed in support of Operations Desert Shield/Desert Storm and completed four tours in Turkey in support of Operation Provide Comfort. c. He never received the AGCM because he received two Article 15's in May and November 1991. After that, he completed his remaining 4 years with no incidents. He regained his rank, went to the promotion board, and completed the Primary Leadership Development Course prior to his expiration term of service. He is entitled to the AGCM based on his performance for the final 4 years of his enlistment. d. He wants to reenter military service through the U.S. Army Reserve or Army National Guard, apply for a warrant officer position, and attend Warrant Officer Candidate School. He needs his records in order. 3. The applicant provides: * DD Form 214 * front of DA Form 638 (Recommendation for Award of Army Achievement Medal (AAM), ARCOM, and Meritorious Service Medal) * certificate of appreciation * ARCOM Certificate * JSAM Certificate * AAM Certificate * certificate of commendation 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 27 February 1990 for a period of 6 years. He completed his training and was awarded military occupational specialty 67T (helicopter repairer). He served in Southwest Asia from 1 December 1990 to 1 May 1991. 3. He provided an ARCOM Certificate, dated 1 August 1991, showing he was awarded the ARCOM for meritorious achievement during the period 17 January 1991 to 15 April 1991. There are no orders for the ARCOM in his available records. 4. He provided an AAM Certificate, dated 28 September 1992, showing he was awarded the AAM in Permanent Orders 15-18 for exemplary achievement during the period 10 June 1992 to 15 August 1992. 5. He provided a JSAM Certificate, dated 16 March 1994, showing he was awarded the JSAM for meritorious service. There are no orders for the JSAM in his available records. 6. On 26 February 1996, he was honorably released from active duty in the rank of specialist after completing 6 years of creditable active service with no lost time. 7. His DD Form 214 shows he was awarded or authorized the: * Army Lapel Button * Air Medal * AAM (5th Award) * National Defense Service Medal * SWASM with one bronze service star * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Kuwait Liberation Medal (Saudi Arabia) (KLM-SA) * Expert Marksmanship Qualification Badge with Pistol Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Aircraft Crewman Badge 8. There are no orders for the first award of the AGCM in the available records and there is no evidence of any disciplinary actions. His records contain 502d Personnel Services Battalion Permanent Order 65-16, dated 5 March 1996, awarding him the AGCM (2nd Award) for the period 27 February 1993 to 26 February 1996. 9. Army Regulation 600-8-22 (Military Awards) states: a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The JSAM may awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service. c. The SWASM is awarded to members of the Armed Forces of the United States serving in Southwest Asia and its contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) d. The 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 1991 and 28 February 1991. e. The 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. DISCUSSION AND CONCLUSIONS: 1. There are no orders for the ARCOM in the applicant's available records. In the absence of orders, the ARCOM Certificate provided by the applicant alone is not sufficient as a basis for adding this award to his DD Form 214. 2. There are no orders for the JSAM in his available records. In the absence of orders, the JSAM Certificate provided by the applicant alone is not sufficient as a basis for adding this award to his DD Form 214. 3. Based on his service in Southwest Asia from 1 December 1990 to 1 May 1991, he is eligible for award of the KLM-KU. His DD Form 214 does not show this medal. 4. His DD Form 214 shows award of the SWASM with one bronze service star, but he participated in three campaigns during his assignment in Southwest Asia. His DD Form 214 does not show the additional bronze service stars. 5. Orders show he was awarded the AGCM (2nd Award). His DD Form 214 does not show this medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 award of the SWASM with one bronze service star from his DD Form 214 and b. adding the following awards to his DD Form 214: * AGCM (2nd Award) * SWASM with three bronze service stars * KLM-KU 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 adding award of the ARCOM or JSAM to his DD Form 214. ____________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) AR20150004985 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004985 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1