PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 November 2000                  
	DOCKET NUMBER:   AR2000043955

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Mr. Thomas Lanyi		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that a duplicate award of the Army Commendation Medal that he received for his service in Operation Desert Shield be rescinded, corrected or converted.  He also requests, in effect, that he be awarded the Bronze Star Medal for meritorious service during Operation Desert Storm.  

3.  The applicant states, in effect, that due to an apparent error he was awarded two awards of the Army Commendation Medal for meritorious service in Operation Desert Shield and that no award was given for his meritorious service in Operation Desert Storm.  He contends that the two Army Commendation Medals were signed by different brigade commanders but they cover the same time period.  In support of his application, he submits a letter of explanation, dated 12 June 2000; a recommendation from his then first sergeant that the applicant’s Army Commendation Medal for meritorious service be upgraded to the Bronze Star Medal for meritorious service in Operation Desert Storm; and hardcopies and the microfiche of his entire official military personnel file. 

4.  The applicant’s military records show that he entered active duty on 31 May 1986.  He served as an aviator in Southwest Asia from 5 January 1991 through 12 May 1991 and was released from active duty in the rank of captain on 
15 September 1991.

5.  The applicant’s DD Form 214 shows the Army Commendation Medal (First Oak Leaf Cluster) as an authorized award.  The DD Form 214 does not show the Bronze Star Medal as an authorized award. 

6.  An award certificate, dated 15 May 1991, shows the applicant was awarded the Army Commendation Medal for meritorious achievement during Operation Desert Shield for the period “8 November 1991 through 16 January 1991”.  The certificate shows that the award was published by Orders #91-STM-022.  The Board notes that “8 November 1991” is in error and should read “8 November 1990”.  

7.  An award certificate, dated 15 August 1991, shows the applicant was awarded the Army Commendation Medal for meritorious achievement during Operation Desert Shield for the period 8 November 1990 to 16 January 1991.  The certificate shows that the award was published by Orders #91-STM-395.   

8.  An award certificate, dated 15 August 1991, shows the applicant was awarded the Army Commendation Medal for meritorious service for the period 
1 February 1988 to 1 August 1991.  The award certificate states “During this period, [applicant] served with distinction and greatly contributed to the Company’s successful deployment, redeployment, and execution of both the
AH-64 Unit Training Program, and Operations Desert Shield and Desert Storm.”  The certificate shows that the award was published by Orders #91-ATK-25.  

9.  In a recommendation, dated 23 July 1998, the applicant’s first sergeant at the time in question stated that the applicant’s award of the Army Commendation Medal for meritorious service be upgraded to an award of the Bronze Star Medal. In summary, the first sergeant states that the Army Commendation Medal presented to the applicant for meritorious service during Operation Desert Storm was an injustice and should be rectified by upgrading it to a Bronze Star Medal.  He contends that the applicant did not receive an award commensurate to his performance because of three reasons:  (1) it was known to the chain of command that the applicant was planning on getting out to the Army; (2) the applicant was not working as a staff officer; and (3) the Company Commander was too embarrassed to recommend him for a higher award than he himself received. 

10.  There is no evidence in the available records which shows the applicant was recommended for or awarded the Bronze Star Medal at the time in question.    

11.  A DD Form 215 (Correction to DD Form 214), issued on 11 December 1992, amended the applicant’s DD Form 214 to show award of the Kuwait Liberation Medal.  However, it does not specify whether it was awarded by the Kingdom of Saudi Arabia (KLM-SA) or by the Government of Kuwait (KLM-K).    

12.  Paragraph 1-18 of Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

13.  Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  U.S. Total Army Personnel Command Message 171226Z January 1991 delegated wartime award approval authority to commanders in Southwest Asia effective upon the commencement of hostilities on 17 January 1991.  U.S. Total Army Personnel Command Message 041813Z September 1991 terminated this wartime award approval authority effective 7 October 1991.

17.  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.

18.  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’s contention that he was awarded two Army Commendation Medals for meritorious service in Operation Desert Shield, is not valid.

2.  Evidence of record shows that the applicant received two awards of the Army Commendation Medal for meritorious achievement for the period 8 November 1990 through 16 January 1991 during Operation Desert Shield. 

3.  The applicant’s request that one of these duplicate awards of the Army Commendation Medal be rescinded, corrected or converted, is warranted.

4.  The governing regulation states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Therefore, the Board directs that the award of the Army Commendation Medal for meritorious achievement which was published by Orders #91-STM-022 on 
15 May 1991, be revoked.  

5.  The applicant’s contention that no award was given for meritorious service in Operation Desert Storm, is not valid.  Evidence of record shows that the applicant was awarded the Army Commendation Medal for meritorious service for the period 1 February 1988 to 1 August 1991 which included service in Southwest Asia during Operation Desert Storm.  The award certificate specifically cites “meritorious service” and “Operations Desert Shield and Desert Storm”.  This award of the Army Commendation Medal was approved by the appropriate award approval authority at the time in question and properly announced in orders.  

6.  The Board noted the applicant’s request that he be awarded the Bronze Star Medal for meritorious service during Operation Desert Storm.  However, there is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal by his chain of command specifically for his service in Southwest Asia from 5 January 1991 through 12 May 1991.  Therefore, there is no basis for award of the Bronze Star Medal to the applicant.  

7.  The Board noted the recommendation submitted by the applicant’s former first sergeant to upgrade the applicant’s Army Commendation Medal for meritorious service to a Bronze Star Medal.  The Board also noted that the award of the Army Commendation Medal covered the period February 1988 to August 1991 which included five months of the applicant’s service in Southwest Asia.  There is no authority or regulation to award the Bronze Star Medal for service during peacetime.  Therefore, there is no regulatory basis in this case to upgrade the Army Commendation Medal to the Bronze Star Medal.

8.  The applicant has not presented any evidence that the decision by the proper award approval authority to award an Army Commendation Medal for service from February 1988 to August 1991 was flawed or otherwise unjust, improper or inequitable.  The applicant has not presented evidence that a recommendation for award of the Bronze Star Medal for the period 5 January 1991 to 12 May 1991 was submitted through the chain of command for approval.  Therefore, there is no basis for award of the Bronze Star Medal in this case.   

9.  The applicant is entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait for his service in Southwest Asia from 5 January 1991 through 12 May 1991.  Therefore, the applicant is entitled to correction of his military records to show these awards.

10.  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 by showing that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.

2.  That Orders #91-STM-022, dated 15 May 1991, for award of the Army Commendation Medal for meritorious achievement during the period
“8 November 1991 through 16 January 1991”, be revoked by the Army Review Boards Agency Support Division - St. Louis.

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

BOARD VOTE:  

JNS____  CLA_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR2000043955	
SUFFIX		
RECON		
DATE BOARDED	20001130	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910915	
DISCHARGE AUTHORITY	AR 635-100 Chapter 3	
DISCHARGE REASON	Miscellaneous Reasons – By Request	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	133.0300	
3.	107.0089	
4.		
5.		
6.