PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:            9 December 1998                  
	DOCKET NUMBER:   AC98-09286

	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. June Hajjar 		Chairperson	
	Mr. Fred N. Eicharn		Member	
	Mr. Thomas B. Redfern, III		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: Skill Qualification Indicator (SQI)  X-4 (Patriot UHF Communications Operator); the Good Conduct Medal (GCMDL); 3 bronze service stars (bss) to the Southwest Asia Service Medal (SWASM); the Kuwait Liberation Medal - Saudi Arabia (KLM-SA); the Kuwait Liberation Medal - Kuwait (KLM-K)); the Army Achievement Medal (AAM) with 1 oak leaf cluster (OLC); the Army Commendation Medal (ARCOM); and, the Expert Marksmanship Badge for the Rifle.

3.  The applicant provides a copy of Orders 215-55, US Army Air Defense Artillery Center and Fort Bliss, Texas, dated 7 November 1991; a partial copy of a Personnel Qualification Record; Permanent Order 25-5, Military Intelligence Battalion, dated  92/22/ (sic) which announced the award of the AAM, 2nd OLC; and, Permanent Order 82-2, 24th Infantry Division, which announced the award of the GCMDL.

4.  The applicant’s military records show he enlisted in the Army on 25 May 1989.  He completed his required training and was awarded military occupational specialty 31M (Multichannel Transmission Systems Operator).  He was discharged under other than honorable conditions on 28 September 1994.

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 September 1994, shows completion of the Multichannel Transmission Systems Operator Course.

6.  The Southwest Asia data base indicates he was on temporary duty in Saudi Arabia during the period 18 January to 6 April 1991.  Further, Permanent Order 82-2, 24th Infantry Division, dated 29 June 1992, announced the award of the GCMDL for the period 25 May 1989 through 24 May 1992.  Permanent Order 25-5, Military Intelligence Battalion, announced the award of the second OLC to the AAM.

7.  On 25 May 1994, numerous charges were preferred against the applicant.  Charges included falsification of his DA Form 2-1 (Personnel Qualification Record) by the addition of Patriot training, three bronze service stars to the SWASM, the Kuwait Liberation Medal, and the Army Commendation Medal.

8.  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 (2August 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).

9.  The Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia, 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 and 28 February 1991.

10.  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 of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

11.  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.

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the 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.

CONCLUSIONS:

1.  This Board notes that numerous court-martial charges were preferred against the applicant for destroying official documents from his official records and falsifying others for which he now requests correction of his records.

2.  Evidence of record shows the applicant is entitled to award of the SWASM with 1 bronze service star, the KLM-K, the KLM-SA, the GCMDL and the AAM with 2 oak leaf clusters. Therefore, the applicant is entitled to correction of his records to show these awards.

3.  Notwithstanding the orders provided for award of the Skill Qualification Indicator X4, the authenticity of these documents is questionable in light of the preferred court-martial charges.

4.  There is no evidence of record to support the applicant’s request for award of the ARCOM or the Expert Marksmanship Qualification Badge.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing his entitlement to the SWASM with 1 bronze service star, the KLM-K , the KLM-SA and the GCMDL.

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

BOARD VOTE:  

JH_____  FNE_____  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON