PROCEEDINGS

IN THE CASE OF: 	 

	BOARD DATE:            6 January 1999                  
	DOCKET NUMBER:   AC98-12732
				   AR1998013408

I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  
	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

The following members, a quorum, were present:
	Mr. Thomas D. Howard, Jr		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Curtis W. Barbee		Member	

The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military 
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
FINDINGS:
1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was separated in the pay grade of E4 instead of E-3, completed Air Assault School, and was awarded the Combat Infantryman Badge (CIB), the Southwest Asia Service Medal (SWASM), and the Screaming Eagle Combat Badge. 
3.  The applicant states, in effect, that the aforementioned information is not listed on his DD Form 214.  In support of his application he submits a copy of his promotion orders, a certificate of training and a copy of his DD Form 214.

4.  The applicant’s military records show he entered active duty on                      21 October 1988 and completed training as a light weapons infantryman.  Evidence of record shows that the applicant served in Southwest Asia (SWA) from 11 September 1990 to 2 December 1990.  He was honorably discharged on 8 February 1991.  

5.  The applicant provided a copy his promotion orders which show that he was promoted to the pay grade of E-4 on 1 December 1990.

6.  The applicant provided a copy of a certificate of training which shows that he completed the Air Assault School on 20 September 1989.

7.  There is no indication in the applicant’s personnel records which shows he was awarded the Combat Infantryman Badge.   

8.  The applicant has provided no documentation regarding award of the Screaming Eagle Combat Badge.  

9.  Army Regulation 600-8-22 governs the Army Awards Program.  The Screaming Eagle Combat Badge is not list as an authorized award in this regulation.  Therefore the Screaming Eagle Combat Badge is not discussed further in this proceeding.  

10.  Army Regulation 600-8-22 governs the Army Awards Program.  This regulation provides that the Air Assault Badge is awarded upon completion of the air assault training course. 

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active
ground combat while assigned or attached to an infantry unit or brigade, regimental or smaller size.  Paragraph 8-6(k) states that the Combat Infantryman Badge was awarded during the Persian Gulf War (Operation Desert Storm) from 17 January 1991 to 11 April 1991 provided other criteria were met. 
12.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operation Desert Shield/Desert Storm in the designated area on or after              2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease–fire Campaign                 (12 April 1991 to 30 October 1995).

13.  The Kuwait Liberation Medal, awarded by the Government of Kuwait, was approved on 9 November 1995 and is awarded to members of the Armed Forces o f the United States who participated in the Persian Gulf War between                 2 August 1990 and 31 August 1993. 

14.  The 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.
CONCLUSIONS:

1.  Evidence of record shows the applicant was promoted to the pay grade of E-4 on 1 December 1990.  Therefore, he is entitled to correction of his records to show that he was separated in pay grade E-4.

2.  Evidence of record shows the applicant completed the Air Assault School on 20 September 1989.  Therefore, he is entitled to correction of his military records to show completion of this course and award of the Air Assault Badge.

3.  Evidence of record shows that the applicant served as a light weapons infantryman in SWA.  However, he did not serve in SWA during the period the CIB was authorized for award.  Therefore, he is not eligible for award of the CIB.

4.  Evidence of record shows that the applicant is entitled to award of the SWASM and the KLM-K.  Therefore, it would be appropriate to correct his records to show that he served in SWA from 11 September 1990 to                    
2 December 1990 and was awarded the SWASM and the KLM-K.  
5.  The applicant did not complete a record of service qualifying him for award of the KLM-SA.

6.  In view of the foregoing finding and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below. 

RECOMMENDATION: 

1.  That all of the Department of the Army records related to this case be corrected:

a.	by showing that the individual concerned was separated in the pay grade of E-4; 

	b.  by showing he completed the Air Assault School and was awarded the Air Assault Badge; and

	c.  by showing he served in SWA from 11 September 1990 to 2 December 1990, and was awarded the SWASM with one bronze service star and the     KLM-K for his service in SWA.  
2.	That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

TDH____  LLS_____  CWB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					     ___________________
						CHAIRPERSON

INDEX
CASE ID	AC98-12732/AR1998013408	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990106	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.