PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 October 2000
	DOCKET NUMBER:   AR2000044413

	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. Hubert S. Shaw, Jr. 		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr. 		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 correction of his records to show awards for his service in Southwest Asia and award of the Army Commendation Medal.

3.  The applicant states that he served in Southwest Asia with the 27th Engineer Brigade in support of Operations Desert Shield and Desert Storm, but did not receive any medals for his service.  He also states that he was promised an award of the Army Commendation Medal.

4.  The applicant’s military records show that he entered active duty on 21 May 1987 and completed training as a supply specialist.  He was honorably separated upon the expiration of his term of service on 20 May 1991.

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show any awards or decorations for service in support of Operations Desert Shield and Desert Storm.  His DD Form 214 shows foreign service, but does not indicate any service in Southwest Asia.

6.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  This data base shows that the applicant served in Southwest Asia from 1 September 1990 through 27 March 1991.

7.  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).

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.  The applicant’s DD Form 214 shows that he received two awards of the Army Achievement Medal, but his records do not show any awards of the Army Commendation Medal.  There are no orders or certificates for award of the Army Commendation Medal and there is no recommendation for award of the Army Commendation Medal in the applicant’s Official Military Personnel File.

11.  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.

CONCLUSIONS:

1.  The applicant served in Southwest Asia in support of Operations Desert Shield and Desert Storm during the period 1 September 1990 through 27 March 1991.

2.  Based on his service in Southwest Asia, the applicant is entitled to the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait.

3.  The Board noted the applicant’s contention that he was promised an award of the Army Commendation Medal.  However, there is no evidence, and the applicant has provided no evidence, that he was recommended for award of the Army Commendation Medal.  

4.  In the absence of evidence or other information which shows the reason for the award, the period of service for the award, and the intent of the chain of command to recommend the applicant for award of the Army Commendation Medal, there is insufficient evidence upon which to make a determination on whether or not award of the Army Commendation Medal is warranted in this case.  Therefore, there is no basis for correction of the applicant’s records to show award of the Army Commendation Medal at this time.

5.  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 Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__EJA___  ___ALR__  _BFH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Elzey J. Arledge___
		        CHAIRPERSON

INDEX

CASE ID	AR2000044413	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.000.000	
2.		
3.		
4.		
5.		
6.