ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 April 2019 DOCKET NUMBER: AR20170019379 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the dates of his foreign service during the Gulf War and any awards he may be authorized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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, in effect, that his DD Form 214 does not reflect his deployment dates during the Gulf War or any awards he may be authorized for his participation in this war. 3. The Board will consider the Army Good Conduct Medal. The remainder of the applicant's request will be resolved through administrative correction. 4. The applicant's record does not contain a history of disciplinary action, court-martial convictions, or documentation that his commander disqualified him from consideration of the Army Good Conduct Medal. 4. The applicant enlisted in the Regular Army on 12 April 1989 and was honorably released from active due to hardship. The applicant's DD Form 214 does not list the Army Good Conduct Medal. 5. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal may be awarded the Army Good Conduct Medal for a period of less than three years but more than one year for the first award only, upon termination of service on or after 27 June 1950. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded that the records of the applicant should be changed to show the dates of his foreign service during the Gulf War and all awards he received or should have received as part of his military service. Additionally, in addition to those awards already depicted below in the administrative notes, the Board concluded that the applicant’s record supports awarding him the Army Good Conduct Medal (1st Award) and that should be awarded and added to his DD Form 214.. 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: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Army Good Conduct Medal. 2. Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those changes also be executed to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): Make the following administrative corrections to the applicant's DD Form 214: * add to item 12f (Foreign Service) the entry, "00 07 15" * add to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait * add to item 18 (Remarks) the entry, "SERVICE IN SOUTHWEST ASIA FROM 19900801 - 19910315" 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) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states: a. the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is authorized to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991; and c. the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is authorized 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. AR 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks). 3. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. A Soldier may be eligible for award of the Army Good Conduct Medal for a period of less than three years but more than one year for the first award only, upon termination of service on or after 27 June 1950. ABCMR Record of Proceedings (cont) AR20170019379 0 2 1