PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:           14 December 2000
	DOCKET NUMBER:   AR2000042737

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry		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 he be awarded the Purple Heart, the National Defense Service Medal, the Southwest Asia Service Medal, the Kuwait Liberation Medal, and the Combat Medical Badge.

3.  The applicant states that he served in Operation Desert Shield/Desert Storm and is entitled to these awards.

4.  The applicant’s military records show that he enlisted in the Regular Army for 6 years on 28 November 1989.  Following completion of all required military training, he was awarded military occupational specialty (MOS) 91A, Medical Specialist, and assigned to Company C, 299th Engineer Battalion, Fort Sill, Oklahoma, for his initial tour of duty.

5.  The applicant deployed with his unit to Southwest Asia for Operation Desert Shield, arriving in Saudi Arabia on 4 October 1990.  On 30 December 1990, he was admitted to the 5th Fleet Hospital complaining of hip pain.  He was medically evacuated to Landstuhl Army Hospital, Germany, on 3 January 1991 and to Reynolds Army Community Hospital, Fort Sill, on 13 January 1991.

6.  Diagnosed with arthritis in his hips, he was given a Medical Evaluation Board (MEBD) on 6 March 1991.  The MEBD found the following diagnosis "Probably old slipped capital femoral epiphysis with congenital/developmental changes in the acetabulum."  The MEBD referred the applicant to a Physical Evaluation Board (PEB).  The applicant agreed with the MEBD on 18 March 1991.

7.  A PEB was held on 27 March 1991 at Fort Sam Houston, Texas.  The PEB found the applicant unfit for duty with a 20 percent disability based on a diagnosis of "Impairment of right hip with congenital/developmental changes in the acetabulum, EPTS [existed prior to service], service-aggravated."  On 22 April 1991, the applicant concurred with the PEB diagnosis and recommendation to separate him.

8.  The applicant was separated with an honorable discharge on 15 May 1991 by reason of physical disability.  He had 1 year, 5 months, and 18 days of creditable service.  His DD Form 214, Certificate of Release or Discharge From Active Duty, reflects the following awards:  the Army Service Ribbon, the National Defense Service Medal, the Marksmanship Badge (Marksman - M16 Rifle, Sharpshooter - Hand Grenade).

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

10.  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 16 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).

11.  There are two Kuwait Liberation Medals, one issued by Saudi Arabia and one issued by Kuwait.  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.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge (CMB) is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

13. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1.  The applicant deployed with his engineer unit to Saudi Arabia for Operation Desert Shield on 4 October 1990.  He was admitted to the 5th Fleet Hospital for hip pain on 30 December 1990 and medically evacuated to Germany on 3 January 1991.  He was returned to the United States and Fort Sill on 13 January 1991.  Because of his medical evacuation, he did not participate in Operation Desert Storm which commenced on 17 January 1991.

2.  The applicant's DD Form 214 already shows credit for the National Defense Service Medal.  Additionally, he is entitled to the Southwest Asia Service Medal and the Kuwait Liberation Medal (KLM-K) issued by Government of Kuwait.  Contrary to his claim, the applicant was never in combat and was never wounded; he is not entitled to the Purple Heart or the Combat Medical Badge.

3.  The applicant should have received an Army Good Conduct Medal upon termination of his initial enlistment by reason of physical disability.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the Southwest Asia Service Medal, the Kuwait Liberation Medal (KLM-K), and the Army Good Conduct Medal.

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

BOARD VOTE:  

_jh_____  __hof____  __rtd____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      __June Hajjar__
		        CHAIRPERSON

INDEX

CASE ID	AR2000042737	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0069	
4.	107.0074	
5.	107.0089	
6.	107.0113