PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 11 August 1999
	DOCKET NUMBER:         AR1999015722

	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:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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 award of the Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle bar, the Combat Infantryman Badge, the Southwest Asia Service Medal, and both Kuwait Liberation Medals. 

3.  The applicant states that not all of his awards are listed on 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 2 March 1988 and completed training as a fighting vehicle infantryman.  He served in Operation Desert Shield and was honorably discharged on 20 September 1991.

5.  The applicant’s discharge does not show the Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle bar, the Southwest Asia Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia or the Kuwait Liberation Medal awarded by the Government of Kuwait as authorized awards.  His discharge document also does not show service in Southwest Asia.

6.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) that he served in Saudi Arabia from 5 January 1991 to 15 May 1991.  

7.  There are no orders in the applicant’s records which show that he was awarded the Army Commendation Medal.  There also is no indication that he was recommended for this decoration.  The applicant’s DA Form 2-1 does not show the Army Commendation Medal as an entry in item 9 (Awards, Decorations and Campaigns).

8.  Item 9 of the applicant’s DA Form 2-1 shows that he last qualified with the 
M-16 as a marksman, not an expert.  The applicant’s DD Form 214 shows that he was authorized the Marksman Qualification Badge for qualifying with the M-16 Rifle.

9.  The applicant provided a copy of 1st Infantry Division Permanent Orders 30-21, dated 22 April 1991, which awarded him the Combat Infantryman Badge.

10.  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.

11.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

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 (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).

13.  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.

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.

15.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.  However, for service in Southwest Asia, Department of the Army issued guidance that service in a temporary duty status in that theater would not be reported as foreign service unless for a period longer than 6 months and that Southwest Asia service would be reported in item 18 (Remarks) of the DD Form 214.

CONCLUSIONS:

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

2.  There is no evidence the applicant qualified as an expert with the M-16 Rifle. However, there is a record of him qualifying as a marksman with that weapon and that is the qualification shown on his DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show that he qualified as an expert.
3.  Orders show that the applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to correction of his records to show award of the Combat Infantryman Badge.

4.  Based on his service in Southwest Asia in support of Operation Desert Storm, the applicant is entitled to the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.

5.  Based on his service in SWA, he is entitled to the entry “SWA SERVICE: 910105-910515” in item 18 (Remarks) of his DD Form 214.

6.  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 the Combat Infantryman Badge, the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait and by showing in item 18 (Remarks) of his DD from 214 the entry “SWA SERVICE: 910105-910515.

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

BOARD VOTE:  

JHK_____  WTM____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John H. Kern__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990811	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910920	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	LOCALLY IMPOSED BAR TO REENLISTMENT	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.