PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 March 2001
	DOCKET NUMBER:   AR2000048927

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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, in effect, that his separation document be corrected to add awards he earned for his participation in Operation Desert Shield/Storm; two Army Achievement Medals (AAM) he was awarded, and that his Marksmanship Qualification Badge reflect his expert status he received in several weapons not currently listed in his separation document. 

3.  The applicant states, in effect, that he was assigned to temporary duty in Southwest Asia from 1 February 1991 to the April or May 1991 timeframe.  He indicates that upon his return to his unit at Fort Carson, Colorado he received several badges that were not included in his separation document when he was released from active duty (REFRAD) on 10 July 1992.  He also claims that while on active duty he was awarded the AAM and an AAM 1st Oak Leaf Cluster (OLC) for achievement.  He further states that his marksmanship qualification was expert in the following weapons:  M-16 Rifle, M203 Grenade Launcher, and 50 caliber machinegun.

4.  The applicant’s military records show that on 24 July 1990 he enlisted in the Regular Army for four years.  He successfully completed one station unit training at Fort Leonard Wood, Missouri, which resulted in his being awarded military occupational specialty (MOS) 12B (Combat Engineer).  Upon completion of his training he was assigned to Fort Carson, Colorado for his first permanent duty station.

5.  The applicant’s personnel qualification record contains no indication that he ever served overseas or that he participated in Operation Desert Shield/Storm in Southwest Asia.  However, there is a medical screening document on file in his medical record, dated in February 1992, which alludes to his having been involved in a vehicle accident in Saudi Arabia a year earlier. 

6.  The record also contains a Department of Defense (DD) Form 214 (Certificate of Release or Discharge from Active Duty) which was issued to the applicant on the date of his separation.  This document confirms that he was discharged on 10 July 1992, by reason of personality disorder after completing 1 year, 
11 months, and 17 days of active military service.  

7.  The DD Form 214 on file contains no entry in regard to the applicant’s overseas service and makes no reference to his participation in Operation Desert Shield/Storm.  Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows that during his tenure on active duty he was awarded the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Sharpshooter Marksmanship Badge M-16 Rifle, and Expert Marksmanship Badge-Hand Grenade.  

6.  The applicant has provided a copy of Orders Number 015-704, dated 
28 January 1991, which confirms that he was placed on temporary duty to the 23rd Replacement Detachment, Southwest Asia for a period of 179 days.  The purpose of this TDY was identified as being for deployment in support of Operation Desert Shield and it contained a will proceed date of 1 February 1991. 

7.  The applicant also provided copies of his Leave and Earnings Statements (LESs) for the months of February through May of 1991.  These documents confirm that on 1 February 1991 he was authorized danger pay based on his participation in Operation Desert Shield/Storm and that this pay continued for a three month period until being stopped on 30 April 1991.  

8.  The applicant also provided copies of Department of the Army (DA) Forms 638-1, dated 26 June 1991 and 19 February 1992 respectively, which confirm that he was awarded both the AAM and the AAM 1st OLC for meritorious achievement.  Both documents contain orders numbers in which these awards were codified.  

9.  In addition, the applicant provided qualification record score cards for the 
M-16 Rifle, Hand Grenade, .50 Caliber Machine Gun, and 40 Millimeter Grenade Launcher, which indicate he qualified as an expert in each of these weapons.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 
2 provides guidance on authorized Department of Defense Service Medals and Ribbons.  

11.  Paragraph 2-14 contains the eligibility criteria for entitlement to the Southwest Asia Service Medal (SWASM).  It states, in pertinent part, that the SWASM is awarded to all members of the Armed Forces of the United States who served in Southwest Asia and contiguous waters or airspace thereover, on or after 2 August 1990.  

12.  Chapter 3 provides guidance on Army individual decorations.  Paragraph 
3-17 contains the criteria for the award of the AAM.  It states, in pertinent part, that the AAM is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who while serving in any capacity with the Army in a noncombat area distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. 

13.  Chapter 8 provides guidance on eligibility for awarding Badges and Tabs of a United States origin and indicates the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties. 

14.  Paragraph 8-44 (U.S. Army Basic Marksmanship Qualification badges) provides the eligibility criteria for awarding the basic marksmanship qualification badge.  It indicates that it is awarded to indicate the degree in which an individual has qualified in a prescribed record course, these degrees include marksman, sharpshooter, and expert.  In addition, it specifies that an appropriate bar is furnished to denote each weapon with which the individual qualified.  Each bar will be attached to the basic badge which indicates the qualification last attained with the respective weapon.  

15.  Paragraph 9-20 contains guidance on the award of the Saudi Arabia Kuwait Liberation Medal (SAKLM).  It states, in pertinent part, that the Government of Saudi Arabia, as authorized by Department of Defense on 3 January 1992, provides this award to members Armed Forces of the United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991.  

16.  Military Personnel (MILPER) Message Number 091241Z, November 1995, provided the authority for awarding the Kuwaiti Kuwait Liberation Medal (KKLM) to members of the Armed Forces of the United States who participated in Operation Desert Shield/Storm between 2 August 1990 and 31 August 1993.

CONCLUSIONS:

1.  After carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board finds the applicant’s contentions have merit. 

2.  Notwithstanding the lack of official record entries, the Board finds the independent evidence provided by the applicant, in regard to his participating in Operation Desert Shield/Storm, persuasive.  The LESs provided verify that he received danger pay beginning on 1 February and stopping on 30 April 1991, which confirms he proceeded on the temporary duty orders directing his deployment to Southwest Asia.  

3.  Verification of the applicant’s Southwest Asia service is further supported by an entry in his official medical record that alludes to his involvement in a vehicle accident in Saudi Arabia during the month of February 1991.  

4.  Based on the confirmation of his service in Southwest Asia and his participation in Operation Desert Shield/Storm, the Board concludes the applicant is entitled to the SWASM, SAKLM and the KKLM and that it would be appropriate to add these awards to his record at this time. 

5.  In addition, the Board finds the evidence provided by the applicant clearly shows that he was awarded the AAM and the AAM 1st OLC; therefore, these awards should also be added to his records.  

6.  Further, the applicant provided sufficient evidence to show that he qualified as an expert with the M-16 Rifle, Hand Grenade, .50 caliber machine gun, and 
40 millimeter grenade launcher.  Thus, the Board concludes his records should show he received the Expert Marksmanship Qualification Badge and that he is authorized the appropriate available bars to denote his expert qualification in the listed weapons. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by documenting that the individual concerned served in Southwest Asia and participated in Operation Desert Shield/Storm from 1 February to 
30 April 1991; by showing he earned the SWASM, SAKLM, KKLM, AAM, 
AAM 1st OLC, and Expert Marksmanship Qualification Badge, with Rifle, Machinegun, and Grenade bars; and by issuing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

___slp  __  __jpi____  ___rks __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048927	
SUFFIX		
RECON		
DATE BOARDED	2001/03/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1992/07/10	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	Personality Disorder	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  1021	100.0000	
3.		
4.		
5.		
6.