IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160003841 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 IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160003841 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 (1st Award). b. amending his DD Form 214 for the period ending 27 February 1992 by showing he was awarded or authorized the: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) c. amending his DD Form 214 for the period ending 27 February 1992 by showing he completed the Hazardous Cargo Driver Training Program Course in 1990, which was one week in duration. 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 amending the applicant's DD Form 214 for the period ending 27 February 1992 to show his receipt of a Certificate of Achievement or Task Force Freedom Certificate. _____________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. IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160003841 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), for the period ending 27 February 1992, by showing he was awarded the Army Commendation Medal (ARCOM), and by showing his Certificates of Achievement and Training and his Task Force Freedom Certificate. 2. The applicant states he only recently found his DD Form 214, which he had misplaced. He believes his DD Form 214 should show the requested items. 3. The applicant provides the following documents: * Orders 000020-039, issued by Headquarters, 7th Transportation Group (Terminal) on 29 January 1991 * Orders 12-1, issued by 419th Transportation Battalion on 31 January 1991 * Certificate of Achievement, issued by the Commander, 22nd Support Command, U.S. Army Central Command (ARCENT) on 1 May 1991 * DA Form 638 (Recommendation for Award), annotated as Permanent Orders Number 21-005, issued by Commander, 7th Transportation Group (Terminal) on 3 May 1991 * DA Form 4187 (Personnel Action), dated 5 May 1991 * DA Form 4980-14 (ARCOM Certificate), dated 7 May 1991 * Orders 128-2, issued by the 7th Transportation Group (Terminal) on 8 May 1991 * DA Form 87 (Certificate of Training), dated 7 June 1991 * U.S. Army Central Command (CENTCOM) Task Force Freedom Certificate, not dated * DD Form 214, for the period ending 27 February 1992 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 2 March 1989. He completed his initial entry training and was awarded military occupational specialty 88M (Motor Transport Operator). 3. The applicant completed the Hazardous Cargo Driver Training Program Course, Class 01-91, on 14 December 1990. His diploma shows the course's duration was 40 hours, from 10 December through 14 December 1990. 4. Permanent Orders 21-005, issued by Headquarters, 7th Transportation Group (Terminal) on 3 May 1991, awarded the applicant the ARCOM for exceptionally meritorious service from 22 January 1991 to 12 April 1991. 5. The applicant's record shows he deployed to Southwest Asia from on or about 10 January 1991 through on or about 10 May 1991. 6. The applicant was honorably released from active duty on 27 February 1992. a. His DD Form 214 does not show he was awarded an ARCOM during his period of active service. b. His DD Form 214 does not show he completed the Hazardous Cargo Driver Training Program course during his period of active service. 7. The applicant's record is void of evidence that shows he was awarded or denied award of the Army Good Conduct Medal (AGCM) by his commander. 8. The applicant provides: a. a Certificate of Achievement that was issued by CENTCOM on 1 May 1991; and b. a CENTCOM Task Force Freedom Certificate, which shows he was a participant in the task force's efforts in the Kingdom of Kuwait. REFERENCES: 1. 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. Although there is no automatic entitlement to the AGCM, disqualification must be justified. For first award only, the AGCM is awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. b. The Kuwait Liberation Medal (issued 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 (issued 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. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior duty, and prior inactive duty service at the time of released from active duty, retirement, or discharge. a. Block 13 required the preparer to list all federally recognized awards and decorations for all periods of service. Do not use abbreviations. There is no provision to add Certificates of Achievement or participation. b. Block 14 required the preparer to list all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the 214 of at least one week or 40 hours duration. Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. Acceptable source documents include the enlisted record brief, DA Form 4037 (Officer Record Brief), DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificate of completion with from and through dates or number of weeks. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show additional awards and military education. 2. Permanent orders awarded the applicant the ARCOM. The governing regulation provides that the DD Form 214 will show all awards and decorations received during all periods of service. His DD Form 214 for the period ending 27 February 1992 does not show this award. 3. The applicant served during a period of qualifying service that authorized him the Kuwait Liberation Medals (Kingdom of Saudi Arabia and Government of Kuwait). However, his DD Form 214 does not show these foreign service medals. 4. The applicant was released from active duty after completing over 2 years of service in the Regular Army. Although there is no automatic entitlement to the AGCM, disqualification must be justified. There is no evidence he was denied the AGCM, and the AGCM (1st Award) is not shown on his DD Form 214. 5. The applicant completed the Hazardous Cargo Driver Training Program course during the period of service covered by his DD Form 214. The governing regulation provides that the DD Form 214 will list eligible military courses completed during the current period of service covered. However, his DD Form 214 for the period ending 27 February 1992 does not show this course. 6. The governing regulation does not prescribe entering Certificates of Achievement or of participation on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014642 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003841 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2