PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          26 February 2002                    
	DOCKET NUMBER:  AR2001058624

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond J. Wagner		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, in effect, that he be awarded the Army Achievement Medal (First Oak Leaf Cluster) and the Kuwait Liberation Medal (Kuwait).  Applicant further requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected accordingly.

3.  The applicant states that his DD Form 214 should read, “the first oak leaf cluster to the Army Achievement Medal,” and “the Kuwait Medal.”  In support of his application, applicant submitted:

a.	a copy of DA Form 638-1 (Recommendation for Award (For Other than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), from the Commander, C Company, 23rd Engineer Battalion, dated 23 September 1991.  Applicant was recommended for award of the AAM OLC#1.  Item 13, of the DA Form 638-1, indicated the award of a previous AAM; however, a review of available records failed to reveal a previously awarded AAM.  Award of the AAM was approved and announced in Permanent Orders 22-014, Headquarters, 23d Engineer Battalion, dated 22 October 1991.  

b.	a copy of DA Form 638-1 from the Commander, B Company, 5th Battalion, 6th Infantry, 5th Infantry Division, dated 11 June 1992, recommending award of the AAM OLC#1 to the applicant.  Item 13 (Previous Awards) of the DA Form 638-1, indicates that applicant had, at the time of this recommendation, earned the following awards: Army Commendation Medal with V Device, Army Achievement Medal, Overseas Service Medal, Good Conduct Medal, Southwest Asia Service Medal, Army Service Ribbon, and the National Defense Service Medal.  Award of this second AAM was approved and announced in Permanent Orders 168-18, Headquarters, United States Army, Kuwait, dated 16 June 1992. 

4.  The applicant’s military records show that he entered active duty on
17 August 1988 and was released from active duty on 18 August 1992.  The applicant completed 13-weeks training as a Combat Engineer in February 1989.  He served two periods of service in Southwest Asia.  Applicant was assigned in Southwest Asia from 3 December 1990 to 12 June 1991 and from 27 February 1992 to 30 June 1992.

5.	Applicant’s DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), indicates award of the following: Army Achievement Medal; Army Lapel Button; Army Commendation Medal; Army Service Ribbon; Good Conduct Medal, 1st Award; Kuwait Liberation Medal; National Defense Service Medal; Overseas Service Medal with Numeral 1; and the Southwest Asia Service Medal with 3 Bronze Service Stars.
6.	
Applicant’s DD Form 214 does not show that he was awarded the Army Achievement Medal (First Oak Leaf Cluster).  DD Form 214 does show that applicant was awarded the Kuwait Liberation Medal; however, it does not specifically identify the country for whose liberation it was awarded.

7.	The Kuwait Liberation Medal (Saudi Arabia), 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.

8.	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.

9.	Because both DA Forms 638-1 referred to in paragraph 3 above recommended award of the AAM OLC#1, the applicant was contacted telephonically.  Applicant was specifically asked how many AAMs he had been awarded while in the Army.  Applicant’s response was, “two AAMs.”

CONCLUSIONS:

1.  Evidence of record shows that applicant served in Southwest Asia during the qualifying periods for which award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) are authorized.  Therefore, he is entitled to award of both these medals and entitled to have his DD Form 214 corrected to reflect both the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) among his awards and decorations. 

2.	Evidence of record shows, and the applicant has confirmed, that he was awarded two Army Achievement Medals while in the Army.  His DD Form 214 should therefore be corrected to show award of the Army Achievement Medal (First Oak Leaf Cluster) among his authorized awards and decorations.

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

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by:

a.	deleting the Kuwait Liberation Medal and the Army Achievement Medal from Item 13, DD Form 214.

b.  adding the following:  Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and the Army Achievement Medal (First Oak Leaf Cluster) to Item 13, DD Form 214.

BOARD VOTE:  

__jhl___  __rjw___  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058624	
SUFFIX		
RECON	20020226	
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0089	
2.		
3.		
4.		
5.		
6.