PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            4 February 1999                  
	DOCKET NUMBER:   AC98-11907
                                              AR1998013563

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		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 that his records be corrected to show his entitlement to award of the Purple Heart.  Also, he requests his separation document be corrected to show his service in Desert Storm and entitlement to disability payment or severance payment.

3.  The applicant states he is seeking disability compensation from the Department of Veterans Affairs for injuries incurred during his service in Saudi Arabia.

4.  The applicant’s military records show that he was in the Army Reserve Delayed Enlistment Program from 3 to 11 November 1988.  His physical evaluation for entry indicated he has pes planus (flat feet).  He entered active duty on 12 November 1988. 

5.  The applicant’s DD Form 214, with a separation date of 28 December 1990, does not show the award of the Purple Heart.  There is no evidence of a wound caused by hostile action in his medical records.

6.  A review of the Persian Gulf War Database indicates the applicant served in Saudi Arabia during the period 1 August to 30 September 1990.

7.  The Board notes the applicant is entitled to award of the Good Conduct Medal, the Southwest Asia Service Medal with one Bronze Service Star and the Kuwait Liberation Medal awarded by the Kuwait government.

8.  On 21 November 1990, PEB Proceedings found the applicant has congenital pes planus, in both feet, and the condition had not been permanently aggravated by injury while on active duty.  This condition pre-existed his enlistment.  The PEB recommended his separation without separation pay.  The applicant concurred with the PEB recommendation and waived a formal hearing of his case on 30 November 1990.

9.  He was honorably separated effective 28 December 1990, with 2 years, 
1 month and 17 days (sic) of creditable service.  On 2 December 1991, officials at the Army Personnel Center effected a correction to the applicant’s DD Form 214 by changing the separation date and net active service for this period; however, the date entered active duty had been erroneously entered.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 (Military Awards) provides that the 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.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

12.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal 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 - Kuwait, awarded by the Government of Kuwait, 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.

14.  Army Regulation 635-40, paragraph 3-2b(1), provides that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.

CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Purple Heart or was wounded as a result of hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  The applicant’s DD Form 214 should be corrected to show service in Saudi Arabia from 1 August to 30 September 1990, in the Remarks section.

3.  The applicant’s DD Form 214 should be corrected to show award of the Good Conduct Medal, the Southwest Asia Service Medal with one Bronze Service Star and the Kuwait Liberation Medal awarded by the Kuwait government.

4.  The applicant’s DD Form 214 should be corrected to show  “881112” in item 12a (Date Entered AD this Period); “020117” (Net Active Service This Period); and, “000009” in item 12e (Total Prior Inactive Service).

5.  The applicant did not incur a physical disability while on active duty; therefore, the applicant is not entitled to severance pay or a disability rating.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Good Conduct Medal for the period 12 November 1988 to 28 December 1990; the Southwest Asia Service Medal with one Bronze Service Star; the Kuwait Liberation Medal awarded by the Kuwait government; showing in the remarks section of his DD Form 214 “service in Southwest Asia from 1 August to 30 September 1990”; showing in item 12a, DD Form 214 “881112”; in item 12c, DD Form 214 “020117”; and, in item 12e, DD Form 214 “000009”.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

JHL_____  AAO_____  VBC___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID 61	AC98-11907 AR1998013563	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990204	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19901228	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	Physical Disability w/o Separation Pay	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  	107.00	
 2.  	223.00	
 3.  		
 4.  		
 5.  		
 6.