PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           16 August 2001                 
	DOCKET NUMBER:   AR2001053748

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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, award of the Combat Medical Badge (CMB), the Armed Forces Expeditionary Medal (AFEM) and the Kuwait Liberation Medal (KLM-K) – Government of Kuwait.

3.  The applicant states, in effect, that while in Southwest Asia (SWA) his unit, the 588th Engineer Battalion, was assigned to the 1st Infantry Division (1st ID) and were authorized to wear the 1st ID combat patch.  His military occupational specialty (MOS) was 91A (Medical Specialist) and he was never given credit for the medical treatment he provided soldiers who were wounded.  Upon returning from SWA all of unit’s medics were given the CMB and told orders would follow.  He became ill and due to being overweight was separated from the Army without receiving the CMB.

4.  The applicant’s military records show he entered active duty on 3 February 1987 and completed training in MOS 91A (Medical Specialist).  He was in a temporary duty status in Saudi Arabia from 18 December 1990 through 20 April 1991.  He achieved the rank of specialist and was separated with an honorable discharge on 24 April 1992.

5.  His awards include the Army Achievement Medal, the Army Lapel Button, the Army Service Ribbon, the Good Conduct Medal, the KLM-SA (authorized by the Kingdom of Saudi Arabia), the National Defense Service Medal, the Overseas Service Ribbon with numeral “1” and the SWA Service Medal with 3 bronze service stars.

6.  The CMB is not shown on the applicant’s DD Form 214 (Separation Document) or DA Form 2-1 (Personnel Qualification Record) as an authorized award. The DA Form 2-1 does indicate that he drew imminent danger pay for the period he was in SWA.

7.  A memorandum issued on 16 March 1991 indicates that members of the 588th Engineer Battalion (the applicant’s unit of assignment) were authorized to wear the combat patch of the 1st ID.

8.  There is no evidence in the applicant’s personnel records which shows he was awarded the CMB.  Records show he was assigned as a 91A to the 588th Engineer Battalion, which came under the operation control of the 1st ID.

9.  AR 600-8-22 provides, in pertinent part, that the 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.

10.  The same regulation provides that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The designated period of eligibility for the AFEM in the Persian Gulf is from 24 July 1987 to 1 August 1990.

11.  The same regulation and subsequent implementing instructions issued in November 1995, provides that the KLM-K is awarded for qualifying service between 2 August 1990 and 31 August 1993; the KLM-SA is awarded for qualifying service between 17 January 1991 and 28 February 1991.

CONCLUSIONS:

1.  Evidence of record shows that the applicant served in SWA and was assigned as a medical specialist to a combat unit.  However, there is no evidence that shows he performed duties as a medical specialist with a combat unit while it was in contact with the enemy.  Therefore, the applicant is not eligible for award of the CMB.

2.  The final instructions for awarding KLM-K were not published until after his separation.  Since he served the necessary time period in SWA, he is entitled to be credited with the KLM-K in addition to the KLM-SA, which he already has been awarded.

3.  The governing regulation for the AFEM does not show that it was awarded for the period the applicant served in SWA (December 1990 to April 1991).  Therefore, the applicant is not entitled to correction of his records to show this award.

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 showing the individual concerned was awarded the KLM – K.

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

BOARD VOTE:  

___jh ___  ____tfb__  ____jtm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________June Hajjar_________
		        CHAIRPERSON

INDEX

CASE ID	AR2001053748	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/16	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.01	
2.		
3.		
4.		
5.		
6.