BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150007212 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 he be awarded the Army Good Conduct Medal (AGCM)and that the Korea Defense Service Medal (KDSM)be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 October 1991. 2. The applicant states the KDSM was approved after he left the service. He has the AGCM his commander gave to him but the award was not added to his DD Form 214. 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. On 13 October 1987, he enlisted in the Regular Army for 4 years. 3. His DA Form 2-1 (Personnel Qualification Record - Part II) provides the following information: * Item 5 (Oversea Service) * 3 July 1988 - 2 July 1989 - Korea * 18 August 1990 - 30 March 1991 - Saudi Arabia * Item 21 (Time Lost) - no time lost is shown 4. His Military Personnel Records Jacket (MPRJ) contains no record of nonjudicial punishment or courts-martial. There are no disqualifying comments by any of his commanders for the award of the Army Good Conduct Medal 5. His MPRJ does not contain any orders awarding him the AGCM. 6. On 12 October 1991, he was honorably released from active duty. He completed 4 years of net active service this period. He was assigned a reentry eligibility (RE) code of "1." His DD Form 214 does not show he was awarded the AGCM. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service. Although there is no automatic entitlement to the AGCM, disqualification must be justified. The lack of official disqualifying comments by previous commanders qualifies the use of such period toward the award by the current commander. b. The KDSM was authorized by Section 543, National Defense Authorization Act, 2003. This award is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. c. The Kuwait Liberation Medal-Saudi Arabia (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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. d. The Kuwait Liberation Medal-Government of Kuwait (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and was 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. Table 3-6 (Armed Forces Reenlistment Eligibility Codes) of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, stated RE code "1" applied to persons completing an initial term of active service who were fully qualified for reenlistment when last separated. DISCUSSION AND CONCLUSIONS: 1. There is no evidence the applicant received the first award of the AGCM. There is no evidence the applicant was disqualified by his chain of command from receiving the AGCM. Records do not show indiscipline or lost time. His records do not contain any adverse information. He was assigned an RE code of "1" upon his release from active duty. The evidence is sufficient to show the applicant was eligible for award of the AGCM (1st Award) based on completion of qualifying service from 13 October 1987 to 12 October 1990. 2. He was assigned in Korea from 3 July 1988 - 2 July 1989 and met the criteria for the KDSM. 3. He was deployed to Saudi Arabia from 18 August 1990 - 30 March 1991 and meets the criteria for the: * KLM-SA * KLM-KU 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 (First Award) for the period of service from 13 October 1987 to 12 October 1990; and b. adding the following awards to his DD Form 214 with a separation date of 12 October 1991: * Army Good Conduct Medal (First Award) * Korea Defense Service Medal * Kuwait Liberation Medal - Saudi Arabia * Kuwait Liberation Medal - Government of Kuwait __________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) AR20150007212 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007212 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1