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Decision Text

ARMY | BCMR | CY1996 | 9607920C070209
Original file (9607920C070209.txt) Auto-classification: Denied
APPLICANT REQUESTS:  That his DD Form 214, Certificate of Release or Discharge, be corrected to reflect that he was awarded the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal (KLM) and the Air Assault Badge.  He also asks that his DD Form 214 show his overseas service in Southwest Asia.

APPLICANT STATES:  That he earned the foregoing awards and served in Southwest Asia but none of this is reflected on his DD Form 214.

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

He enlisted on 19 July 1989 and received training as an infantryman.  He served 1 year, 1 month and 21 days in Korea and was honorably discharged on 28 January 1994.  At the time of his discharge he was assigned to the 101st Airborne Division (Air Assault), at Fort Campbell, Kentucky.

His DD Form 214 shows that he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Achievement Medal, the Overseas Service Ribbon, the Expert Badge with rifle bar and the Sharpshooter Badge with hand grenade bar.

His military personnel file does not show that he served any time in Southwest Asia or that he completed a course of instruction leading to the award of the Air Assault Badge.  However, his leave and earnings statements reflects that he received foreign duty pay (FDP) for the period 29 May 1993 to 23 June 1993.  A staff member of the Board contacted the Defense Finance and Accounting Service and determined that the FDP for the period indicated was for an assignment in Panama.

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 SWASM is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace thereover, on or after 2 August 1990 to 30 November 1995.

The same regulation prescribes the policy and criteria for award of the KLM.  It states, in pertinent part, that the KLM is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace thereover, in Support of Operation Desert Storm during the period 2 August 1990 to 31 August 1993.

The awards regulation states further, that the Air Assault Badge is awarded to an individual assigned or attached to the 101st Airborne Division since 1 April 1974 who satisfactorily completes an air assault training course in accordance with the Training and Doctrine Command standardized Air Assault Core Program of Instruction.

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.  There is no evidence in the applicant's records to indicate that he served in Southwest Asia or that he is authorized the SWASM, the KLM or the Air Assault Badge.

2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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.


BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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