PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 12 January 2000
	DOCKET NUMBER:         AR1999026807

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 Good Conduct Medal and the Army Achievement Medal.

3.  The applicant states that he was told by his platoon sergeant that he was entitled to the Good Conduct Medal and that it would be forwarded after his discharge.  He states that the same facts apply to the award of the Army Achievement Medal.

4.  The applicant’s military records show that he entered active duty on 6 September 1989 and completed training as an armor crewman.  He was honorably discharged in the rank of corporal on 5 September 1992.

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Good Conduct Medal as an authorized award, but does show the Army Achievement Medal as an authorized award.

6.  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.  There is no indication of indiscipline in his records.

7.  The applicant’s records contain a DA Form 638-1 (Recommendation for Award) which shows that he was awarded the Army Achievement Medal for the period 11 January 1990 to 29 July 1991 by 4th Battalion 34th Armor Permanent Orders Number 1-14, dated 24 June 19991.  The applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) shows in item 9 (Awards, Decorations & Campaigns) the entry “AAM-1” [one award of the Army Achievement Medal]. 

8.  Review of the applicant’s records shows that he served in Southwest Asia in support of Operations Desert Shield and Desert Storm from 29 December 1990 to 21 May 1991 which is a period less than six months.  This information is not shown on the applicant’s DD Form 214.  His DD Form 214 shows entitlement to one Kuwait Liberation Medal when he is entitled to both Kuwait Liberation Medals.

9.  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.  

10.  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.

11.  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.

12.  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.  The applicant is entitled to the first award of the Good Conduct Medal for the period 6 September 1989 through 5 September 1992 based on completion of three years of qualifying.  Therefore, he is entitled to correction of his records to show this award.

2.  The applicant’s records correctly show award of the Army Achievement Medal as currently constituted.  Therefore, the applicant is not entitled to correction of his records to show this award.

3.  Evidence of record shows the applicant served in Southwest Asia from 29 December 1990 to 21 May 1991; therefore, he is entitled to correction of item 18 (Remarks) of his DD Form 214 to show the entry “SWA SERVICE:  29DEC90-21MAY91”.

4.  The applicant’s DD Form 214 shows entitlement to one award of the Kuwait Liberation Medal.  Based on his service in Southwest Asia, the applicant is entitled to award of the Kuwait Liberation Medal warded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Therefore, he is entitled to correction of his records to show the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait

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:

	a.  by showing the individual concerned was awarded the Good Conduct Medal for the period 6 September 1989 through 5 September 1992, 

	b.  by adding the entry “SWA SERVICE:  29DEC90-21MAY91” in item 18 (Remarks) of his DD Form 214; and

	c.  by deleting the entry “KUWAIT LIBERATION MEDAL” from item 18 (Remarks) of his DD Form 214 and by replacing it with the appropriate entries to show he was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

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

BOARD VOTE:  

JNS_____  INW_____  LLS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026807	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000112	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	199920905	
DISCHARGE AUTHORITY	AR 635-200, CHAP 4	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.