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Decision Text

ARMY | BCMR | CY1995 | 9511245C070209
Original file (9511245C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That his DD Form 214, Release from Active Duty, be corrected to reflect that he was awarded the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal (KLM), the Armed Forces Expeditionary Medal (AFEM), and the Humanitarian Service Medal (HSM).

APPLICANT STATES:  That upon his return from the Persian Gulf his USAR unit was disbanded and vital military records were left incomplete including his service in Southwest Asia.

EVIDENCE OF RECORD:  The applicant's military records show:

He was ordered to active duty from the USAR in support of Operation Desert Shield/Storm and served in Southwest Asia from 6 January 1991 to 26 April 1991.  He was honorably separated from active duty on 17 May 1991.

His DD Form 214 shows that he was awarded the Army Service Ribbon, the National Defense Service Medal, the SWASM, and marksmanship badges for several weapons.

The applicant requests award of several medals for service in Southwest Asia, among them the SWASM.  However, his DD Form 214 reflects that he has already been awarded the SWASM.  The record further reflects that he served in Operation Desert Shield/Storm during a period and in a geographical location that would qualify him for award of the KLM.

There is, however, no evidence in the available records to show that he is entitled to the AFEM or the HSM.

Army Regulation 600-8-22, Military Awards, prescribes Department of the Army policy, criteria and administrative instructions concerning individual military awards.  It states, in pertinent part, that the KLM is awarded to members of the Armed Forces of the U.S. who participated in Operation Desert Storm between 2 August 1990 and 31 August 1993.  Included in the areas that qualify for award of the KLM are Kuwait and Saudi Arabia.

The AFEM is authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  The designated U.S. military operations, areas, and dates for operations in the Persian Gulf are: Operation Earnest Will from 24 July 1987 to 1 August 1990, and Operation Southern Watch from 1 December 1995 to a date to be determined.

The HSM is awarded to members of the Armed Forces of the U.S. who, after 1 April 1975, distinguished themselves by direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  Approved HSM operations indicating the operation name, inclusive dates and geographical area are listed in Appendix C of the awards regulation.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The record shows that the applicant did not serve in the Persian Gulf area during one of the period of operations indicated above that would qualify him for award of the AFEM.

2.  There is no evidence in the available record and he has provided no evidence to show that he participated in one of the humanitarian operations listed in the appendix to the awards regulation that would entitle him to the HSM.

3.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The applicant’s military record indicates that he served in Southwest Asia in support of Operation Desert Storm during the designated period between 2 August 1990 and 31 August 1993, was awarded the SWASM and, therefore, qualifies for award of the KLM.  (As noted above, his record shows that he was previously awarded the SWASM.)  Accordingly, the Commander, U.S. Army Reserve Personnel Center will be requested to correct his record to show that he was awarded the KLM.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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