PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 October 2001
	DOCKET NUMBER:   AR2001059243

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 and issued the Armed Forces Expeditionary Medal (AFEM) and Kuwait Liberation Medal issued by the Government of Kuwait (KLM-K).

3.  The applicant states that he served with the 1st Armored Division from April 1989 to August 1991 and served in Southwest Asia (SWA) during the air and ground war.  He further states that he never received either the AFEM or the KLM-K for his service in that theater.

4.  The applicant’s military records show that he enlisted on 1 August 1980, was trained as a light weapons infantryman and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-5 on 1 March 1987.

5.  On 3 April 1989, he was transferred to Germany and was assigned to a mechanized infantry company of the 7th Battalion, 6th Infantry Division, VII Corps. His records show he served in Saudi Arabia from 24 December 1990 to 30 April 1991.  He was awarded the Southwest Asia Service Medal (SWASM) with two bronze service stars and the Kuwait Liberation Medal issued by the government of Saudi Arabia (KLM-SA), for his service in SWA.

6.  On 25 June 1992, he was honorably discharged by reason of physical disability with severance pay.  He had served 11 years, 10 months and 21 days of total active service and was paid $35,568.00 in severance pay.  

7.  Army Regulation 600-8-22 provides the criteria for awards and decorations.  It provides, in pertinent part, that the KLM-K was authorized in 1995 and awarded 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.  The government of Kuwait provided the United States government with a sufficient number of medal sets to be issued to each eligible service member.  Once that supply is exhausted, it becomes an individual’s responsibility to purchase the medal from independent suppliers.  

8.  That regulation also provides, in pertinent part, that the AFEM will not be issued when there was another service or campaign medal issued for the same theater.  The AFEM was awarded for service in the Persian Gulf during Operation “EARNEST WILL” from 24 July 1987 to 1 August 1990 and Operation “SOUTHERN WATCH” in SWA from 1 December 1995 to a date to be determined.

CONCLUSIONS:

1.  Although authorized subsequent to the applicant’s discharge, the applicant is eligible to be awarded the KLM-K for his service in SWA.  Accordingly, it would be in the interest of justice at this time to award him the medal set (if they are still available) and to correct his records to reflect his entitlement to that award.

2.  However, the Board finds no entitlement to award the applicant the AFEM for his service in SWA.  The applicant was awarded the SWASM for his service in SWA, which precludes the award of the AFEM for the same period of service.  Inasmuch as there is no evidence present to show that he served in one of the two operations designated for award of the AFEM, separate from the service that authorized him the SWASM, there appears to be no basis to award him the AFEM. 

3.  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 individual concerned the KLM-K and issuing him the medal set if it is still available for issue.

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

BOARD VOTE:  

__hbo___  __cla ___  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Celia L. Adolphi____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059243	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  118	107.0072/afem	
2.  135	107.0089/klm-k	
3.		
4.		
5.		
6.