PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 March 2002                   
	DOCKET NUMBER:   AR2001064146

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		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 that his two Certificates of Release or Discharge from Active Duty, DD Forms 214, be corrected to show he served in Southwest Asia and that he was awarded the Humanitarian Service Medal (HSM) for Florida, the Army Good Conduct Medal for his first period of service, the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal, and the Army Lapel Button.

3.  The applicant states that his second DD Form 214 does not show his Gulf War service or related medals.  This causes confusion when he utilizes VA facilities.  He provides his two DD Forms 214; a Headquarters, XVIII Airborne Corps certificate that shows he served in Saudi Arabia; and a memorandum for record showing he served in Saudi Arabia with the 126th Transportation Company from 9 January through 15 June 1991 as supporting evidence.

4.  The applicant’s military records show that he initially enlisted in the Regular Army on 21 May 1985.  He had been awarded the Army Achievement Medal on Permanent Orders 34-1, Headquarters, 8th Infantry Division Artillery dated         22 April 1987.  He accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on 2 October 1987 for disobeying a lawful command to refrain from sleeping in the back of the trucks.  The continuation sheet to this Article 15 is not available.  His punishment was a reduction to pay grade E-3.  He was released from active duty on 23 March 1988 with an honorable characterization of service after completing 2 years, 10 months, and 3 days of creditable active service with no lost time and a reenlistment code of 1.  His Personnel Qualification Record, DA Form 2-1, item 27 for this period of service does not show that he was disqualified for award of the Army Good Conduct Medal.  There is no evidence on his Official Military Personnel File (OMPF) for this period of service that he was disqualified for award of the Army Good Conduct Medal.  (His DA Form 2-1 for his next period of service shows that he was awarded the Army Good Conduct Medal but does not show the period of award and no orders are available.  Most likely it was awarded for his next period of eligible service.)  His DD Form 214 for this period shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Badge (Rifle), and the Army Lapel Button.

5.  The applicant reenlisted in the Regular Army on 12 October 1988.  His DA Form 2-1 shows he was assigned to the 2d Support Center, Fort Bragg, NC on 17 December 1990.  Orders indicate he may have been later reassigned to Headquarters and Headquarters Company, 1st Corps Support Command and to the 126th Transportation Company, Fort Bragg, NC.  It shows he served in Southwest Asia from 9 January 1991 through 15 June 1991.  He was discharged under the provisions of Army Regulation 635-200, chapter 10 on 21 February 1995.  His DA From 2-1, item 27 shows that he was not favorably considered for award of the Army Good Conduct Medal for the period ending 13 July 1994.  This disqualification is documented on his OMPF.  He would have been eligible for the Army Good Conduct Medal for the period 12 October 1988 through 11 October 1991.  There is no evidence of record to show he received any adverse disciplinary actions during this eligibility period and, as noted above, his DA Form 2-1 for this period of service shows that he was awarded the Army Good Conduct Medal.  His DD Form 214 shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Driver and Mechanic Badge.

6.  Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  It provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is normally 3 years or, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201.  The custodian of the MPRJ will forward these documents for permanent filing in the individual’s OMPF.

7.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after            2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991) and the Cease Fire Campaign (12 April 1991 to 30 November 1995).  The Kuwait Liberation Medal (Saudi Arabia), awarded by the Kingdom of Saudi Arabia, was approved on 3 January 1992 and is awarded to those members who participated in the Persian Gulf War from     17 January to 28 February 1991.  The Secretary of Defense accepted an offer  by the Government of Kuwait to award the Kuwait Liberation Medal (Kuwait) to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and           31 August 1993.

8.  Army Regulation 600-8-22 states that the Army Lapel Button is gratuitously issued to soldiers who transition with an honorable characterization of service and have not received an adverse separation.  It states that the HSM 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.  The member must provide evidence which substantiates direct participation in the act or operation except when by-name eligibility lists are published.  The only Florida operation listed for the period between May 1985 and February 1992 was the Hurricane Andrew Disaster Relief Operation for the period 23 August – 10 November 1992.

9.  The U. S. Total Army Personnel Command, Awards Branch reviewed the    by-name listings for Headquarters and Headquarters Company, 1st Corps Support Command, Fort Bragg; the 2d Support Center, Fort Bragg, and the 126th Transportation Company, Fort Bragg for the Hurricane Andrew Disaster Relief Operation and the applicant was not listed as an authorized participant.  

10.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time the applicant received his second DD Form 214 provided that item 13 would list decorations, medals, badges, and ribbons awarded or authorized for all periods of service.  The regulation currently in effect states that when an active duty soldier is deployed with his or her unit during their period of active service, item 18 will contain the entry “Service in (name of country) from (inclusive dates, year/month/day).”

CONCLUSIONS:

1.  The evidence of record shows the applicant served in Southwest Asia from     9 January through 15 June 1991.  He meets the eligibility criteria for award of the SWASM with 3 bronze service stars, the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  It cannot be determined if he deployed with his unit or as an individual replacement, but it would be equitable to make an entry in item 18 of his DD Form 214 for the period ending                21 February 1995 showing he served in Saudi Arabia and adding the medals for this service to item 13 of this DD Form 214.

2.  There is no evidence of record to show and the applicant provides none to show he directly participated in the Hurricane Andrew Disaster Relief Operation.  Therefore, there is no evidence to show he is eligible for award of the HSM.

3.  Although the evidence of record shows that the applicant received one Article 15 during his first period of service, he was honorable separated with a reenlistment code of 1 several months later.  There is no evidence of record, either on his DA Form 2-1 or in his OMPF, to show that he was not favorably considered for the Army Good Conduct Medal for the period 21 May 1985 through 23 March 1988.  It appears that the Army Good Conduct Medal shown on his DA Form 2-1 for his second period of service was for an eligibility period in that second period of service, not for his initial enlistment.  The Board concludes that it would be equitable to show that the applicant was awarded the Army Good Conduct Medal for his initial period of service (21 May 1985 through 23 March 1988) and a second award for his next period of eligible service (12 October 1988 through 11 October 1991).  His DD Form 214 for the period ending             23 March 1988 should be amended to add this first Army Good Conduct Medal and the Army Achievement Medal he was awarded during this period of service.

4.  In addition to the Southwest Asia service medals noted above, the applicant’s DD Form 214 for the period ending 21 February 1995 should also be amended to show he was awarded the Army Good Conduct Medal (2d award).  Although he is not eligible for award of a second Army Lapel Button due to the adverse separation he received, this DD Form 214 should be amended to add the Army Lapel Button he received from his first period of service.  

5.  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 applicant the Army Good Conduct Medal (basic) for the period 21 May 1985 through 23 March 1988 and the Army Good Conduct Medal (2d award) for the period 12 October 1988 through 11 October 1991.

2.  That the applicant’s DD Form 214 for the period ending 23 March 1988 be amended to add the Army Achievement Medal and the Army Good Conduct Medal (basic).

3.  That the applicant’s DD Form 214 for the period ending 21 February 1995:

     a.  item 13, be amended to add the Army Good Conduct Medal (2d award), the Southwest Asia Service Medal with 3 bronze service stars, the Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Kuwait), and the Army Lapel Button; and

     b.  item 18, be amended to add “Service in Saudi Arabia from 19910109 through 19910615.” 

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

BOARD VOTE:  

__slp___  __sk____  __eja___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064146	
SUFFIX		
RECON		
DATE BOARDED	20020319	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.	100.00	
3.		
4.		
5.		
6.