BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150012135 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150012135 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. awarding him the Army Good Conduct Medal for the period 29 June 1989 to 29 November 1991; and b. adding to his DD Form 214: * Army Good Conduct Medal * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait 2. The Board further determined 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 award of the Army Achievement Medal. ___________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: 7 July 2016 DOCKET NUMBER: AR20150012135 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 he is authorized the Army Achievement Medal (AAM), Kuwait Liberation Medal-Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal-Kuwait (KLM-KU). 2. The applicant states his DD Form 214 does not show the KLM-SA and KLM-KU because they were issued after he was discharged from active duty. He also wants to receive the AAM. 3. The applicant provides copies of his: * DD Form 214 (Member Copy 4) * A DD Form 256A (Honorable Discharge Certificate), U.S. Army Reserve (USAR), dated 1 July 1997 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 29 June 1989 the applicant enlisted in the Regular Army. 3. A review of the Gulf War Roster shows the applicant served in Operation Desert Storm with the 1st Armored Division from 30 September 1990 to 18 March 1991. 4. On 29 November 1991 the applicant was honorably released from active duty due to the expiration of his term of service (ETS) and transferred to the USAR Control Group (Annual Training). His DD Form 214 lists his awards: * Army Commendation Medal * National Defense Service Medal * Army Service Ribbon * Southwest Asia Service Medal with two bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar 5. A review of the applicant’s official military personnel file (OMPF) failed to reveal any evidence of disciplinary action or indication that his commander had denied him award of the Army Good Conduct Medal (AGCM) for the period of active duty service discussed above. In addition, a review shows there are no orders awarding the applicant the AAM. 6. The DD Form 256A, as provided by the applicant, indicates he was honorably discharged from the USAR on 1 July 1997. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. the AGCM 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 of more than 1 year. Although there is no automatic entitlement to the AGCM, disqualification must be justified. c. the KLM-SA 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. d. the KLM-KU 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. 2. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant served in Southwest Asia during a qualifying period from award of the KLM-SA and KLM-KU. As he was discharged prior to the issuance of these two awards, it would be appropriate now to correct his record. 2. The evidence of record shows the applicant was honorably discharged upon completion of his required active duty service. There is no evidence showing the commander took any action to deny him the AGCM. Therefore, it is reasonable to presume that he did not receive the AGCM due to an administrative oversight. 3. Concerning the AAM, while the available evidence is insufficient as a basis for awarding the applicant an AAM, this in no way affects his right to pursue his claim for the AAM by submitting a request through his Member of Congress under the provisions of 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012135 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012135 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2