PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 December 2000                   
	DOCKET NUMBER:   AR2000047816

	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	
	Mrs. Nancy Amos		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 the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal (KLM), and the 11th Armored Cavalry Regiment (ACR) combat patch (shoulder sleeve insignia – former wartime service) be added to his Certificate of Release from Active Duty, DD Form 214.

3.  The applicant states that he served in Southwest Asia in 1991.  He went to Turkey with O Troop, 4th Squadron, 11th ACR where he was awarded the SWASM, the combat patch and the KLM.

4.  The applicant’s Official Military Personnel File (fiche only) shows that he enlisted in the Regular Army on 30 May 1990.  His Personnel Qualification Record, DA Form 2-1, is not available.  His DD Form 214 shows that he served  1 year, 11 months and 21 days of foreign service.  It also shows that he was promoted to Specialist, E-4 on 1 December 1992.

5.  The Defense Finance and Accounting Service has verified that the applicant drew hostile fire pay in August, September and October 1991 (breakdown by exact date is not available).

6.  The applicant was honorably released from active duty for hardship on         26 October 1993 after completing 3 years, 4 months and 27 days of creditable active service.  His DD Form 214 shows that he was awarded only the Army Service Ribbon, the National Defense Service Medal, the Overseas Service Ribbon, the Expert (M-16 Rifle) badge, and the Army Achievement Medal.

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 to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A member serving outside the area in Israel, Egypt, Turkey and Jordan is eligible if the unit was under the command and control of the Central Command or was serving in direct support of military operations.  Individuals on temporary duty are eligible after 30 consecutive or 60 nonconsecutive days.  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 November 1995).

8.  The Secretary of Defense accepted an offer by the Government of Kuwait to award the Kuwait Liberation Medal (K) to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

9.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  It provides that the Army 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 normally 3 years.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201.  The custodian of the MPRJ will forward these documents for permanent filing in the individual’s Official Military Personnel File.

CONCLUSIONS:

1.  The Board accepts the evidence in DFAS records that shows the applicant drew hostile fire pay August through October 1991 as sufficient to award him the SWASM with one bronze service star and the KLM (K).

2.  The applicant’s shoulder sleeve insignia – former wartime service is an item of clothing wear and not an award or decoration; therefore, it is not authorized for entry on the DD Form 214.

3.  The Board notes that the applicant was not awarded the Army Good Conduct Medal.  There is no record of disciplinary actions on his fiche.  His promotion to E-4 appears to be reasonably on time.  There is no evidence in his fiche that his commander found him disqualified for the Army Good Conduct Medal.  In the absence of evidence to the contrary, the Board concludes that any doubt concerning his eligibility for the Army Good Conduct Medal should be resolved in favor of the applicant.

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 by awarding the applicant the Army Good Conduct Medal for the period 30 May 1990 – 29 May 1993.

2.  That the Army Good Conduct Medal, the Southwest Asia Service Medal with one bronze service star, and the Kuwait Liberation Medal (Kuwait) be added to his DD Form 214.

3.  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	AR2000047816	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.