ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 October 2020 DOCKET NUMBER: AR20190005968 APPLICANT REQUESTS: * Army Good Conduct Medal (AGCM) * Southwest Asia Medal (SWASM) with two bronze service stars * Kuwait Liberation Medal –Saudi Arabia (KLM-SA) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 21 May 2019 * Army Achievement Certificate, dated 15 June 1991 * DD Form 2-1 (Personnel Qualification Record – Part II) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 215 (Correction to 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 (ABCMR) 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 for the period ending 13 August 1993 to show: * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) 3. The applicant's request for the Army Good Conduct Medal will be discussed further in this Record of Proceedings. 4. On 1 May 1990, the applicant enlisted in the Regular Army. 5. He provides a copy of his Army Achievement Medal Certificate for exceptionally meritorious achievement while serving as a Cannoneer during Operation Desert Shield for the period 14 November 1990 to 16 January 1991. 6. He provided a copy of his Certificate of Achievement from the 18th Field Artillery Brigade (Airborne) dated 1 June 1993 for faithful service to the United States Army and Brigade, from 11 September 1990 to 8 July 1993. 7. His DD Form 2-1, Section III- (Service, Training and other Dates) does not show any reductions in rank. 8. On 13 August 1993, the applicant was honorably released from active duty. His DD Form 214 shows in: a. Item 12c (Record of Service) -3 years, 3 months, and 12 days. b. Item 12f (Foreign Service) - None c. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) d. Item 18 (Remarks), no listing of his deployment to Southwest Asia 9. The applicant's military personnel record is void of any disciplinary actions or a commander's disqualification for the award of the AGCM (1st Award) for the period 5 January 1990 to 13 August 1993. 10. On 28 December 2018, he was issued a DD Form 215 that corrected his DD Form 214 to add the Army Achievement Medal. 11. The Defense Finance and Accounting Service confirmed by email the applicant served in Saudi Arabia from 1 January 1991 to 31 March 1991. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board found no evidence in the available service records that would justify disqualifying the applicant from being awarded the Army Good Conduct Medal. The Board determined he should be awarded this medal and it should be added to his DD Form 214. 3. The Board further noted his DD Form 214 does not document the applicant's deployment to Southwest Asia in item 12f (Foreign Service) or item 18. The Board determined these items should be corrected to reflect his deployed service. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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: * Awarding him the Army Good Conduct Medal (1st Award) for the period 1 May 1990 through 30 April 1993 * adding to item 12f of his DD Form 214 the entry "00 03 00" * adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award) * adding to item 18 of his DD Form 214 the entry "Service in Saudi Arabia from 1 January 1991 through 31 March 1991" * making the corrections described in Administrative Note(s) below 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): The applicant's DD Form 214 does not list awards he is authorized. Correct his DD Form 214 by adding the following to item 13: * Southwest Asia Service Medal with 2 bronze service stars * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) 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 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 600-8-22 (Military Awards) states 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. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: a. Each 3 years completed on or after 27 August 1940; b. For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; c. For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year; d. For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty; e. For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty. 3. Army Regulation 600-8-22 (Military Awards) states: a. The 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 each credited campaign. Approved designated campaigns are: * 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. Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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. c. Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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. 4. Army Regulation 635-5 (Separation Documents) provides instructions for completing the DD Form 214. Item 12f is to show all foreign service completed during the period covered by the DD Form 214. For Soldiers who deployed with their units, in item 18 enter the statement "Service in [country] from [begin date] to [end date]." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190005968 4 1