BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160002118 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: 12 September 2017 DOCKET NUMBER: AR20160002118 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 14 September 1989 through 15 September 1991. b. amending his DD Form 214 for the period ending 15 September 1991 by: (1) deleting the Southwest Asia Service Medal with two bronze service stars. (2) adding the following awards: • Army Commendation Medal (1st Award) • Army Achievement Medal (1st Award) • Army Good Conduct Medal (1st Award) • Southwest Asia Service Medal with three bronze service stars • Kuwait Liberation Medal-Saudi Arabia • Kuwait Liberation Medal-Government of Kuwait • Valorous Unit Award _____________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: 12 September 2017 DOCKET NUMBER: AR20160002118 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 and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. Add the following awards: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal (1st Award) * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Government of Kuwait * Valorous Unit Award * all additional awards he is authorized b. Delete the Southwest Asia Service Medal with two bronze service stars and replace it with the Southwest Asia Service Medal with three bronze service stars. 2. The applicant states he was not present when his original DD Form 214 was prepared. However, some of the awards requested were authorized after he separated from the active Army, he has since discovered he may be eligible for award of the Army Good Conduct Medal. 3. The applicant provides: * Permanent Orders (PO) Number 5-17, dated 1 May 1990 * PO Number 000002-073, dated 11 March 1991 * memorandum, undated, Subject: Verification of Tour * DD Form 214, ending 15 September 1991 * extract of Department of the Army General Orders (DAGO) Number 14, dated 1997 * extract from Army Regulation 600-8-25 (Military Awards), Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) 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 14 September 1989. He held military occupational specialty 13E (Cannon Fire Direction Specialist). 3. A review of his official military personnel file (OMPF) shows the record is void of any derogatory information. Additionally, there is no evidence his commander sought to disqualify him for the Army Good Conduct Medal. 4. He was honorably released from active duty on 15 September 1991 due to expiration of term of service. His DD Form 214 shows he completed 2 years and 2 days of net active service. a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar b. Item 18 (Remarks) shows, "SERVICE IN SWA (Southwest Asia) 3 JAN 1991 TO 23 MAY 1991." 5. The applicant provides: * PO Number 5-17, dated 1 May 1990, issued by Headquarters, 2nd Battalion, 82nd Field Artillery Regiment, awarding him the Army Achievement Medal for the period 10 to 14 March 1990 * PO Number 000002-073, dated 11 March 1991, issued by Headquarters, 3rd Brigade, 3rd Armored Division, awarding him the Army Commendation Medal (1st Award) for the period 17 January to 28 February 1991 * DAGO Number 14, dated 1997, awarding (his unit) 2nd Battalion, 82nd Field Artillery Regiment the Valorous Unit Award for the period 5 January to 22 May 1991 REFERENCES: Army Regulation (AR) 600-8-22 prescribes policies and procedures for military awards. a. A bronze service star is authorized for wear with the Southwest Asia Service Medal for participation in each credited campaign. Approved campaigns are: * Defense of Saudi Arabia (2 August 1990-16 January 1991) * Liberation and Defense of Kuwait (17 January 1991-11 April 1991) * Southwest Asia Cease-Fire (12 April 1991-30 November 1995) 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 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. d. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. One of the qualifying periods for this award is for every 3 years completed on or after 27 August 1940. DISCUSSION: 1. PO awarded the applicant the Army Commendation Medal (1st Award) and the Army Achievement Medal (1st Award). These awards are not reflected on his DD Form 214. 2. In addition, his service in Southwest Asia qualifies him for additional awards not currently listed on his DD Form 214: a. He qualifies for three bronze service stars to be worn with his Southwest Asia Service Medal. Currently his DD Form 214 shows only two bronze service stars. b. He is eligible for both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Government of Kuwait. c. He was assigned to the 2nd Battalion, 82nd Field Artillery Regiment when the unit was awarded the Valorous Unit Award. 3. He appears to have met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 14 September 1989 through 15 September 1991. His OMPF revealed the following: * there is no derogatory information in his OMPF * there is no indication his commander sought to disqualify him for award of the Army Good Conduct Medal (1st Award) * he deployed in support of Operations Desert Shield/Desert Storm and was apparently awarded an Army Commendation Medal for his service * his service for this period is characterized as honorable 4. He does not appear to be eligible for any awards beyond those described above. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002118 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002118 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2