PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 December 2000
	DOCKET NUMBER:   AR2000042291

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Richard T. Dunbar		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 reflect his award of the Army Achievement Medal (AAM) 2nd Oak Leaf Cluster (2OLC), the correct period he served in Southwest Asia (SWA), and that he be awarded the Kuwait Liberation Medal that was issued by the Kuwait government. 

3.  The applicant states, in effect, that he received the AAM 2OLC after his report of separation (DD Form 214) was prepared.  He continues by stating that the period he served in SWA is incorrectly posted on his DD Form 214 and should reflect the period from 15 September 1990 to 2 April 1991 because he served on the advance and rear parties.  He also states that he was awarded the Kuwait Liberation Medal issued by the government of Saudi Arabia (SAKLM) and he believes that he should also be issued the Kuwait Liberation Medal issued by the government of Kuwait (KKLM).  In support of his application he submits a copy of his award of the AAM 2OLC and a copy of his report of separation (DD Form 214).

4.  The applicant’s military records were not available for review by the Board.  However, the documents submitted by the applicant show that he enlisted on 15 September 1988 and served as an Abrams Armor Crewman until he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 14 September 1992, due to the expiration of his term of service (ETS).  He had served 4 years of total active service and was transferred to the USAR Control Group (Reinforcement). 

5.  The DD Form 214 issued to the applicant at the time shows that he was awarded the AAM 1OLC and the Kuwait Liberation Medal.  It also shows that he served in SWA from 901001 to 910318.

6.  Information obtained from Defense Finance and Accounting Service (DFAS) records show that the applicant served in SWA from 1 October 1990 to 19 March 1991. 

7.  The order submitted by the applicant shows that he was awarded the AAM 2OLC on 5 August 1992 for the period of 3 September 1990 to 14 September 1992.

8.  Army Regulation 600-8-22 serves as the authority for the issuance of military decorations and awards.  It states, in pertinent part, that the SAKLM and the KKLM are issued for service in SWA from 2 August 1990 to 30 November 1995. 

CONCLUSIONS:

1.  The applicant was awarded the AAM 2OLC prior to his REFRAD and it appears that an administrative error resulted in that award being omitted from his DD Form 214.  Therefore, it would be in the interest of justice to correct the error at this time.

2.  He has stated that he was awarded the SAKLM and although it cannot be determined by looking at the DD Form 214 which of the Kuwait Liberation Medals he was in fact issued, it must presumed that such was the case.  In any event, he is entitled to be awarded the KKLM as well.  In doing so, his records should reflect both awards of the SAKLM and the KKLM.

3.  The applicant’s contention that he served in SWA from 15 September 1990 to 2 April 1991 cannot be verified from the available records and the applicant has provided no documentation to support his contention.  However, information received from DFAS records indicates that he did serve from 1 October 1990 to 19 March 1991, instead of 18 March 1991.  Therefore, his records should be corrected to reflect the correct ending date and an additional day of overseas service.

4.  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 showing that the individual concerned was awarded the AAM 2OLC.

b.	by awarding him the KKLM and showing that he was awarded the SAKLM and the KKLM; and

c.	by showing that he served in SWA during the period of 1 October 1990 to 19 March 1991 with appropriate corrections to his overseas service. 

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

BOARD VOTE:  

__jh ____  ___rtd___  __hof ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar  ______
		        CHAIRPERSON

INDEX

CASE ID	AR2000042291	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  135	107.0089/KKLM	
3.		
4.		
5.		
6.