PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                31 August 2000
	DOCKET NUMBER:        AR2000042132

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Joe R. Schroeder		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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and decorations to which he is entitled. 

3.  The applicant states that he served in Desert Storm and that his DD Form 
214 shows that he was only awarded the Army Service Medal and the National Defense Service Medal.  He also states that his DD Form 214 should show that he was awarded the Army Achievement Medal, the Good Conduct Medal, the Overseas Service Ribbon and an unspecified German Weapons qualification medal and awards to which he was entitled for his participation in Operation Desert Storm.  In support of his application he submits a copy of his DD Form 214.  

4.  The applicant’s military records show he entered active duty on 18 July 1989 as a personnel actions specialist and was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 14 for misconduct-commission of a serious offense.

5.  The applicant’s DD Form 214 shows he was awarded the Army Service Ribbon and the National Defense Service Medal.  His DD Form 214 does not show any other awards.

6.  There are no orders in the applicant’s personnel records which show he was
awarded the Army Achievement Medal.  There is no evidence that he was
recommended for the Army Achievement Medal by his chain of command.

7.  There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

8.  The applicant’s records failed to show that the applicant was awarded a German Army Marksmanship Badge.  There is no indication in the applicant’s records that he received authorization to accept or wear any foreign marksmanship badges.

9.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show any awards for his participation in Operation Desert Storm.

10.  A review of the applicant’s personnel records failed to reveal that he deployed to or served in Southwest Asia (SWA); however, the Defense Manpower Data Center (DMDC) data base indicates that he served in
Southwest Asia (SWA) from 1 October 1990 to 15 May 1991.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

12.  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.  

13.  Army Regulation 600-8-2 provides in pertinent part, that commanders 
(overseas and CONUS) 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 foreign badges listed in appendix D of this regulation.  The German Army
Marksmanship Badge is listed in appendix D (Foreign Badges).

14.  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 2 August 1990 and 31 August 1993.

15.  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.

16.  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).

17.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award 

may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

18.  Review of the applicant’s service personnel records does not reveal that he was recommended or entitled to any other awards or decorations.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Achievement Medal.  Therefore, he is not entitled to this award.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the first award of the Good Conduct Medal.  Although there is no indication the applicant’s chain of command disqualified him from award of the Good Conduct Medal, his record shows he was discharged under the provisions of Army Regulation 635-200, chapter 14-12 for misconduct-commission of a serious offense which was a disqualifying factor for award of the Good Conduct Medal.  In view of the applicant’s character of discharge, the Board determined that the applicant was not eligible for award of the Good Conduct Medal.  Therefore, he is not entitled to correction of his records to show award of the Good Conduct Medal.

3.  There is no evidence in the available records which show that the applicant completed qualification for award of the German Army Marksmanship Badge.  
There also is no evidence that he was officially authorized to accept and permanently wear any foreign badges.  Therefore, he is not entitled to correction of his records to show award of the German Army Marksmanship Badge.

4.  Evidence of record shows that the applicant served in Southwest Asia from
1 October 1990 to 15 May 1991.  Therefore, he is entitled to the SWASM with two bronze service stars, the KLM-SA and the KLM-K and correction of his records to show these awards.

5.  Evidence of record shows that the applicant is entitled to the Overseas Service Ribbon; therefore, he is entitled to correction of his records to show this award.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing in item 13 (Decorations and Awards) of his DD Form 214 that the individual concerned was awarded the SWASM with two bronze service stars,
the KLM-SA, the KLM-K and the Overseas Service Ribbon.

BOARD VOTE: 

SAC____  BJE_____  JRS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__SAMUEL A. CRUMPLER___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042132	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000831	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19920117	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  102		
2.   46		
3. 71 		
4.		
5.		
6.