PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 June 2000       
	DOCKET NUMBER:   AR1999032339

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kuwait Liberation Medal with Palm (Saudi Government) (correctly known as the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA)), the Humanitarian Service Medal and the Army Commendation Medal.  He also requests that the medals be issued to him.

3.  The applicant states that a master list of names and awards was read out loud to the company and he only needs the orders to receive the awards.  He also contends that the Good Conduct Medal was never issued to him. 

4.  The applicant’s request for the issuance of his medals and decorations was addressed by separate correspondence to the applicant.
  
5.  The applicant’s military records show that he enlisted on 30 May 1978, served as an ammunition specialist and an infantryman and was honorably discharged on 23 June 1990.  

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the KLM-SA, the Humanitarian Service Medal or the Army Commendation Medal as authorized awards.  

7.  The applicant’s records show that he served in Southwest Asia from 
1 January 1991 to 31 August 1991. 

8.  The applicant’s records do not indicate that he was eligible for or awarded the Humanitarian Service Medal. 

9.  There is no evidence in the applicant’s records which shows he was recommended for or awarded the Army Commendation Medal.
 
10.  DA Form 1577 (Authorization for Issuance of Awards), dated 13 May 1999, shows the Review Boards Agency, Support Division, in St. Louis, Missouri, determined the applicant was entitled to the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).  These awards are not shown on the applicant’s discharge document. 

11.  The Kuwait Liberation Medal 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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  The applicant served in Southwest Asia from 1 January 1991 through
31 August 1991; therefore, he is entitled to correction of his military records to show award of the KLM-SA.

2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he participated in a Department of Defense approved significant military act or operation of a humanitarian nature.  Therefore, the applicant is not entitled to award of the Humanitarian Service Medal.   

3.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal.  Therefore, he is not entitled to correction of his military records to show this award. 

4.  The applicant was awarded the Southwest Asia Service Medal with two bronze service stars and the KLM-K.  Therefore, he is entitled to correction of his military records to show these awards.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal awarded by the Government of Kuwait.

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

BOARD VOTE:  

MKP____  ESC____  JPS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999032339	
SUFFIX		
RECON		
DATE BOARDED	20000607	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19900623	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107. 0089	
2.	107.0075	
3.	107.0020	
4.	107.0074	
5.		
6.