IN THE CASE OF: BOARD DATE: 5 October 2022 DOCKET NUMBER: AR20220002849 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 19 August 1991, to reflect award of the: * Valorous Unit Award * Southwest Asia Service Medal (w/ 3 bronze service stars) * Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending on 19 August 1991 * General Orders Number 14, dated 11 April 1997 * Title 32 (National Defense) 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. The applicant states in pertinent part that his most recently issued DD Form 214 is incorrect because it does not accurately reflect all authorized awards and decorations. He contests that according to General Orders Number 14; his unit was awarded the Valorous Unit Award. He served honorably as a Field Artillery man and should therefore be authorized the Army Good Conduct Medal. He also notes that his service in Southwest Asia during 3 named campaigns (Defense of Saudi Arabia, Liberation and Defense of Kuwait and the Southwest Asia Cease-Fire) should be recognized with the appropriate bronze service stars. 3. A review of the applicant's available service records reflects the following: a. On 21 July 1989, the applicant enlisted in the Regular Army for 2 years to serve as a 13E (Cannon Fire Direction Specialist). b. On or about 21 December 1989, the applicant was assigned to B Battery, 2nd Battalion, 82nd Field Artillery in Germany. c. On or about 3 January 1991, the applicant proceeded to Saudi Arabia where he remained until 20 May 1991, when he departed and returned to Germany. d. On 14 August 1991, the 369th Personnel Service Company issued Orders Number 222-168 reassigning the applicant to the U.S. Army transition point pending discharge. e. On 19 August 1991, the applicant was released from active duty and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) reflects: * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal (w/ 2 Bronze Service Stars) * Overseas Service Ribbon * Army Achievement Medal * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar 4. The applicant provides the following a: a. General Orders Number 14 dated 11 April 1997, reflective of the 2nd Battalion, 82nd Field Artillery being authorized the Valorous Unit Award for extraordinary heroism while engaged in military operations from 5 January 1991 – 22 May 1991. b. Title 32 (National Defense) Section 578.27 (Southwest Asia Service Medal), reflective of the eligibility criteria associated with the Southwest Asia Service Medal and the applicable campaigns. One Bronze Service Star is authorized for each of the following campaigns: * 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) c. Title 32 (National Defense) Section 578.37 (Army Good Conduct Medal) reflective of the eligibility criteria to be awarded the Army Good Conduct Medal. Service members may be awarded this medal upon termination of service on or after 27 January 1950, of less than 3 years but more than 1 year. 5. There is no evidence that the applicant received the first award of the Army Good Conduct Medal. There is also no evidence that the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. Records do not reflect any disciplinary actions or lost time. Further, his records do not contain any adverse information. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered the applicant's contentions, the military record, and regulatory guidance. The Board considered and concurred with the administrative notes below which denote those corrections that did not require further action by the Board. 2. The Board carefully considered the remaining the applicant’s request, supporting documents, evidence in the records and regulatory guidance. Based on the documentation available for review, the Board determined that as he received "excellent" conduct and efficiency ratings throughout his service and, in the absence of evidence that would otherwise make him ineligible, his record should be corrected to show the award of the Army Good Conduct Medal. 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 DD214 for the period ending 19 August 1991 to show the award of the Army Good Conduct 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 19 August 1991, by: a. Deleting the Southwest Asia Service Medal (w/ 2 bronze service stars) b. Adding – * Southwest Asia Service Medal (w/ 3 bronze service stars) * Valorous Unit Award 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 2-1 (Personnel Qualification Record) * General Orders Number 14 * Army Regulation 600-8-22 (Military Awards) 3. Correct the applicant's DD Form 214 to add/delete the awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant's official military personnel record. REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active-duty enlisted service. a. Unit commanders are authorized to award the Army Good Conduct Medal to enlisted personnel serving under their command jurisdiction who meet the established criteria. b. After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. c. The immediate unit commander's decision to award the Army Good Conduct Medal will be based on his or her personal knowledge of, and the individual's official records for periods of service under previous commanders during the period for which the award is to be made. The lack of official disqualifying comment by previous commanders does not disqualify use of the award period by the current commander for awarding the Army Good Conduct Medal. d. In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, military occupational specialty, and experience. e. Disqualification for an award of the Army Good Conduct Medal can occur at any time during a qualifying period (for example, when manner of performance or efficiency declines). f. Paragraph 4-8c provides that in instances of disqualification as determined by the unit commander, the commander will prepare a memorandum stating the rationale for his or her decision. This memorandum will include the period of disqualification and will be referred to the individual according to Army Regulation 600–37 (Unfavorable Information). The unit commander will consider the affected individual's statement. If the commander's decision remains the same, the records manager will upload the memorandum and the individual statement for filing in the Soldier's Army Military Human Resource Record (AMHRR). 3. AR 635-5 (Separation Documents) in effect at the time n prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Source documents will consist of DA Form 2-1. Item 13; entries will be for all periods of service. Check Soldiers' service records for validity of awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002849 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1