PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:              16 December 1999
	DOCKET NUMBER:      AR1999025264

	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. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Stanley Kelley		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 award of the Kuwait Liberation Medal, the Southwest Asia Service Medal with 3 bronze service stars, the Humanitarian Service Medal and the Presidential Unit Citation.

3.  The applicant states in an addendum to his application that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 22 July 1988 to 31 March 1992 does not show the awards he is requesting paragraph 2, above.  

4.  The applicant’s military records show that he had 2 years, 9 months and 10 days of active duty prior to reenlisting on 22 July 1988.  He served until 31 March 1992 at which time he was honorably discharged.

5.  The applicant’s DD Form 214 shows the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, but does not show award of the Kuwait Liberation Medal awarded by the Government of Kuwait.

6.  The applicant’s discharge document shows the Southwest Asia Service Medal with 2 bronze service stars as authorized awards.  

7.  The applicant’s discharge document does not show the Humanitarian Service Medal and the Presidential Unit Citation as authorized awards.

8.  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 data base shows the applicant served in Southwest Asia from 13 February 1991 to 22 April 1991.

9.  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.

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.  The applicant contends that his unit was awarded the Humanitarian Service Medal for its participation in Operation Provide Comfort.  There is no evidence of record which shows that the applicant was awarded the Humanitarian Service Medal.  There also is no evidence that his unit was awarded the Humanitarian Service Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Humanitarian Service Medal 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 and within specified time limits, and must provide evidence that substantiates direct participation.  In specific part, the regulation stated that all persons recommended for the Humanitarian Service Medal for Operation Provide Comfort were provided on a “by-name listing” to the command which recommended them for this award.  

13.  There is no evidence of record which shows the applicant was awarded the Presidential Unit Citation.  However, the Awards Branch of the Total Army Personnel Command provided a copy of Department of the Army General Orders Number 27, dated 27 December 1994, which shows the applicant’s unit of assignment in Southwest Asia was the 3rd Squadron of the 2d Armored Cavalry Regiment, was authorized the Valorous Unit Award for actions during the period 23 February 1991 to 26 February 1991. 

CONCLUSIONS:

1.  Evidence of record shows the applicant served in Southwest Asia from 13 February 1991 to 22 April 1991.  Based on this service the applicant is entitled to the Kuwait Liberation Medal awarded by the Government of Kuwait.

2.  Based on his service in Southwest Asia, the applicant is entitled to the Southwest Asia Service Medal with 2 bronze service stars.  He is not entitled to the bronze service star authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) because there is no evidence that he served in Southwest Asia during this campaign.  

3.  There is no evidence, and the applicant has provided no evidence, that he was recommended for or was awarded the Humanitarian Service Medal for Operation Provide Comfort.  Therefore, he is not entitled to correction of his records to show this award.

4.  Orders show the applicant’s unit was cited for award of the Valorous Unit Award while he was assigned as a member of that unit; 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 the Kuwait Liberation Medal awarded by the Government of Kuwait and the Valorous Unit Award. 

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

BOARD VOTE:  

FKM____  RVO_____  SK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred K. McCoy_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999025264	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	199991216	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920331	
DISCHARGE AUTHORITY	AR 635-200, PARA 16-8	
DISCHARGE REASON	FY92 EARLY TRANSITION PROGRAM	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.