PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           19 December 2000
	DOCKET NUMBER:   AR2000041998

	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. Carl W. S. Chun		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagners 		Member	
	Mr. Kenneth L. Wright		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, in effect, that his DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected to show that he received the Southwest Asia Service Medal with 2 Bronze Stars, not a second Vietnam Service Medal. He also wants the Kuwait Liberation Medal that was awarded by the Government of Kuwait (KLM-K) and the Kuwait and German Marksmanship Badges.

3.  The applicant’s military records show that on 7 November 1973, he was honorably discharged from the United States Army with 15 years, 1 month, and 20 days of honorable enlisted service.  On 8 November 1973, he accepted an appointment as a Warrant Officer.  He attended the Chemical Biological Radiological Officer Basic Course at Fort Knox, Kentucky and was trained in military occupational specialty (MOS) 914A (Allied Trades Technician).

4.  The applicant was assigned to Riyadh, Saudi Arabia and served there from 5 February 1991 to 24 April 1991. 

5.  On 17 October 1974, the applicant was awarded the German Army Marksmanship Award in Bronze.

6.  The applicant was honorably separated on 31 August 1995 by reason of retirement.  At the time of separation, he was credited with 21 years, 9 months, and 24 days current service and a total time in service of 36 years, 11 months, and 15 days.  His DD Form 214 reflects the following awards:  the Legion of Merit, the Bronze Star Medal, the Meritorious Service Medal (4th Award), the Army Commendation Medal (6th Award), the Army Achievement Medal 
(2nd Award), Meritorious Unit Commendation, the Army Good Conduct Medal 
(4th Award), the National Defense Service Medal (2nd Award), the Vietnam Service Medal with 2 Bronze Service Stars, Vietnam Service Medal (2nd Award), the Noncommissioned Officers Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon (7th Award), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Medal Unit Citation, the Republic of Vietnam Campaign Medal, the Kuwait Liberation Medal, the Distinguished Rifleman Badge, the Silver Excellence in Competition Badge, (Rifleman), the Expert Marksmanship Qualification Badge with Rifle Bar, the President’s Hundred Tab, the Combat Infantryman Badge, the Driver and Mechanic Badge with Driver Bar, and the Overseas Service Bar (2nd Award).

7.  Army Regulation 600-8-22 (Military Awards) 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 6 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).

8.  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.

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 (Military Awards) prescribes, in pertinent part, the eligibility requirements and authority for accepting and wearing of foreign awards and badges.  It states that qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular badge is authorized for award only to enlisted personnel of host country, then badge may be accepted and worn by U.S. Army enlisted personnel.  Commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of those foreign badges listed in appendix D.  This authority may not be further delegated.  The burden of proof rests on the individual soldier to produce valid justification (orders, citations, or other original copies of the foreign elements which awarded them the badge).  Requests to accept and wear any foreign badges not listed in Appendix D must be forwarded to Headquarters, Department of the Army, ATTN: TAPC-PDA, Alexandria, VA 22332-0471, for approval.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

CONCLUSIONS:

1.  The evidence of record confirms the applicant met the requirements for the award of the Southwest Asia Service Medal with 2 Bronze Stars, vice a second award of the Vietnam Service Medal, the Kuwait Liberation Medal-Kuwait 
(KLM-K), and the German Marksmanship Badge.

2.  There is no evidence that the applicant was recommended or awarded the Vietnam Service Medal (2nd Award) or the Kuwait Marksmanship Badge.  The Kuwait Marksmanship Badge is not an authorized foreign badge in accordance with Appendix D, Army Regulation 600-8-22.

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:

a.  By issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the Southwest Asia Service Medal with 2 Bronze Stars, the Kuwait Liberation Medal (KLM-K) issued by the Government of Kuwait, and the German Marksmanship Badge.

b.  By deleting the awarding of the Vietnam Service Medal (2nd Award) and correcting the award of the Kuwait Liberation Medal to the Kuwait Liberation Medal-Saudi Arabia.

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

BOARD VOTE:  

__jph ___  __rjw ___  __klw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __James P. Huber__
		        CHAIRPERSON

INDEX

CASE ID	AR20000041998	
SUFFIX		
RECON		
DATE BOARDED	20001219	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0073	
2.	107.0074	
3.	107.0089	
4.	107.0000	
5.		
6.