PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  24 April 2003
	DOCKET NUMBER:  AR2002082679

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Terry L. Placek		Member	
	Mr. Robert Duecaster		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 records be corrected to show entitlement to award of the Army Commendation Medal with 1st oak leaf cluster, the Good Conduct Medal (second award) and to show that he served two periods in Southwest Asia (SWA).

3.  The applicant states that he is entitled to the above corrections.  He provides copies of Permanent Orders 139-5, 546th Personnel Service Company, dated 20 September 1990 awarding him the Good Conduct Medal (2d Award) for the period 25 September 1987 to 24 September 1990.  He provides a copy of Permanent Orders 2-4, 29th Air Traffic Control Group, dated 1 May 1991 awarding him the Army Commendation Medal for the period 17 January to 30 April 1991.  He also provides a copy of an award certificate for the Army Commendation Medal, without Permanent Orders identification or specification of period of award, dated 16 October 1991.

4.  The applicant’s military records show that he enlisted in the Regular Army on 25 September 1984.

5.  On 20 September 1990, Permanent Orders 139-5, 546th Personnel Service Company awarded him the Good Conduct Medal (2d Award) for the period 25 September 1987 to 24 September 1990

6.  On 1 May 1991, Permanent Orders 2-4, 29th Air Traffic Control Group, awarded him the Army Commendation Medal for the period 17 January to 30 April 1991.  The additional copy of the Army Commendation Medal certificate provided by the applicant has neither a permanent order number recorded on it nor does it contain the period covered by the award.  It states that it was for meritorious service in support of operations in Southwest Asia for the 21st Evacuation Hospital.  It shows that it was signed on 16 October 1991.

7.  A review of the Operation Desert Shield/Storm Files indicates he served on temporary duty in SWA from 4 February to 24 May 1991 and 1 August to 31 December 1991.

8.  On 26 March 1992, he was honorably separated, in pay grade E-4, under Army Regulation 635-200, based on the Fiscal Year 1992 Enlisted Voluntary Early Transition Program, with a separation bonus of $16,418.70.  His separation document indicates he had 7 years, 6 months, and 2 days of creditable service.  He was entitled to award of the Army Achievement Medal with 1st oak leaf cluster, the Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal with 2 bronze service stars and the Kuwait Liberation Medal.

9.  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.

10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Commendation Medal is awarded for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.

CONCLUSIONS:

1.  The evidence of record clearly shows entitlement to the first award of the Army Commendation Medal, the Good Conduct Medal (2d Award) for the period 25 September 1987 to 24 September 1990 and completion of two separate periods of service in SWA from 4 February to 24 May 1991 and 1 August to 31 December 1991.

2.  The evidence of record also shows entitlement to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) for the period 6 to 28 February 1991 and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) for the period 1 August to 31 December 1991.

3.  There is insufficient evidence to show entitlement to award of the Army Commendation Medal with 1st oak leaf cluster.  The copy of the certificate contains several errors in preparation and is not complete enough to determine that it was a properly approved 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 Army Commendation Medal, the Good Conduct Medal (2d Award) for the period 25 September 1987 to 24 September 1990; completion of two separate periods of service in SWA from 4 February to 24 May 1991 and 1 August to 31 December 1991; award of the KLM-SA for the period 6 to 28 February 1991; and award of the KLM-K for the period 1 August to 31 December 1991.

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

BOARD VOTE:  

__ro__  ___tp___  __rd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002082679	
SUFFIX		
RECON		
DATE BOARDED	20030424	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920326	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0025	
2.	107.0056	
3.	100.0000	
4.		
5.		
6.