PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           28 October 1998                   
	DOCKET NUMBER:   AC98-10646

	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. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor, Jr.		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 Kuwait Liberation Medal (KLM) (Kuwait) and the Humanitarian Service Medal (HSM). 

3.  The applicant states that he was not in the unit at the time the award was made.

4.  The applicant’s military records show that he enlisted on 3 August 1988.  He served in Southwest Asia from 25 January to 5 May 1991.

5.  The KLM awarded by the Government of Kuwait (K) was approved on           9 November 1995 and is awarded to members of the Armed Forces of the Untied States who participated in the Persian Gulf War between 2 August 1990 and    31 August 1993.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the HSM is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a  humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation wand within the specified time limits, and must provide evidence that substantiates direct participation.

CONCLUSIONS:

1.  The evidence shows that the applicant qualified for award of the KLM (K) and his records should be corrected accordingly.

2.  There is no evidence showing that the applicant was involved in any operation which would qualify him for award of the HSM.  All operations which would coincide with the applicant’s claimed service have been noted “by-name listing of eligible participants have been forwarded to the recommending command.”  There is no evidence of this by-name listing.

3.  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 his entitlement to award of the KLM(K).

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

BOARD VOTE:  

JHL_____  CWB____  RVO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON