PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 2 September 1999
	DOCKET NUMBER:        AR1998013726

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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 records to show three bronze service stars to be worn on his Southwest Asia Service Medal, award of the Good Conduct Medal and award of the Army Commendation Medal.

3.  The applicant states that the above information was left off of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

4.  The applicant’s military records show that he entered active duty on 27 January 1989 and completed training as a heavy wheel vehicle mechanic.  The applicant served in Southwest Asia; however, the exact dates of this service are not shown in his records.  He was honorably discharged on 26 January 1993.

5.  The applicant’s DD Form 214 shows the Southwest Asia Service Medal with two bronze service star as an authorized award.  His DD Form 214 does not show the Good Conduct Medal and the Army Commendation Medal as authorized awards.

6.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. This file shows that the applicant served in Southwest Asia from 1 January 1991 to 4 May 1991.

7.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  However, the applicant’s records show that discharged as a private E-2 after four years of service and that he had a record of indiscipline based on a Reentry Code of “RE-3C”.

8.  There is no indication the applicant’s records that he was awarded the Army Commendation Medal at any time during his service.  There also is no indication in his records that he was recommended for award of the Army Commendation Medal.

9.  Review of the applicant’s shows that he received the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, but there is no record that he received the Kuwait Liberation Medal awarded by the Government of Kuwait.

10.  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 (SWASM) to Army members who participated in Operations 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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-fire Campaign (12 April 1991 to 30 October 1995).

11.  Army Regulation 600-8-22 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.  

12.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.  RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  The 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.

CONCLUSIONS:

1.  Based on the applicant’s service in Southwest Asia, he is entitled to three bronze service stars (instead of two bronze service stars) to be worn on his Southwest Asia Service Medal.  Therefore, he is entitled to correction of his records to show entitlement to three bronze service stars.

2.  The applicant’s records show he was separated in the grade of private E-2 with factors that disqualified him for reenlistment unless a waiver of those factors were approved.  In the absence of information regarding the disqualifying factors in question, the Board has determined that these factors may have also disqualified the applicant from award of the Good Conduct Medal.  Therefore, the applicant is not eligible for award of the Good Conduct Medal.

3.  There is no evidence the applicant was awarded or recommended for the Army Commendation Medal; therefore, he is not entitled to this award.

4.  The applicant is entitled to the Kuwait Liberation Medal awarded by the Government of Kuwait; therefore, he is entitled to correction of his records to show this award.

5.  In view of the foregoing findings 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 by showing the individual concerned was awarded a third bronze service star to be worn on his Southwest Asia Service Medal and was awarded the Kuwait Liberation Medal awarded by the Government of Kuwait.

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

BOARD VOTE:  

MKP_____  TNK____  JMA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1998013726	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990902	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19930126	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.