ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20170010846 APPLICANT REQUESTS: an update of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Southwest Asia Medal * Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge From Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states both the Southwest Asia Medal and Good Conduct Medal should be reflected on his DD Form 214. He explains he deployed to Kuwait from 8 October 1991 to 24 December 1991 and 20 days later he was released from the Army. 3. The applicant provides the DD Form 214 which does not reflect the Southwest Asia Medal or the Good Conduct Medal. 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 11 April 1991. b. His DA Form 2-1 (Personnel Qualification Record), shows he was assigned to Headquarters and Headquarters Battery (HHB), 1st Battalion, 118th Field Artillery, Fort Stewart, GA in May 1995. c. Permanent Orders Number 149-51 states he was awarded the Army Good Conduct Medal (First Award) for periods of service covering 11 April 1991 to 10 April 1994. d. His record is void of any documentation to support he deployed to Kuwait from 8 October 1991 to 24 December 1991. However, per the Gulf War / Operations Desert Shield/ Desert Storm Data Base Roster compiled by the Defense Manpower Data Center, the applicant is listed as deploying with Company B, 2/7th Infantry, Fort Stewart, GA from 1 July 1994 to 30 November 1994. e. On 11 January 1995, he was honorably released from active duty to attend school. He completed 3 years, 9 months, and 1 day of active service. His DD Form 214 shows he was awarded or authorized: * Army Achievement Medal * National Defense Service Medal * Army Lapel Button * Overseas Service Ribbon * Expert Marksmanship Qualification Badge (Hand Grenade) * Sharpshooter Marksmanship Badge (M-16) 5. By regulation, a. Army Regulation (AR) 600-8-22 (Military Awards) states: * Army Good Conduct Medal 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. * Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and 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 credited campaigns. Cease-Fire Campaign (12 April 1991 to 30 November 1995) is an approved designated campaign. b. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge From Active Duty). It stated for Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), entries will be for all periods of service. Check Soldier’s service records for validity of awards. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. He was awarded the AGCM; however, the medal is not listed on his DD Form 214. He deployed to Southwest Asia during a period in which the SWASM was awarded; however, this medal is also not listed on his DD Form 214. The Board agreed to add both decorations to his separation document. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending his DD Form 214 for the period ending 11 January 1995 by adding the Army Good Conduct Medal (1st Award) and the Southwest Asia Service Medal. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards), in effect at the time, states: * Army Good Conduct Medal 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified * Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and 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 credited campaigns. Cease-Fire Campaign (12 April 1991 to 30 November 1995) is an approved designated campaign 3. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). It stated for Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), entries will be for all periods of service. Check Soldier’s service records for validity of awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170010846 4 1