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Decision Text

ARMY | BCMR | CY1997 | 9710029
Original file (9710029.rtf) Auto-classification: Approved
2. The applicant requests award of the Combat Infantryman Badge, Southwest Asia Medal, the Kuwait Liberation Medal; and requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his rank as Corporal (CPL) instead of Specialist (SPC).

3. The applicant states that he was not present when he was released from active duty on 15 December 1991; and in effect, did not verify the entries on his DD Form 214.

4. The applicant entered active duty on 7 September 1988, completed training as an infantryman, and in January 1989 was transferred to an infantry battalion in Germany. On
8 April 1990 he was awarded the Expert Infantryman Badge.
On 18 January 1981, he was awarded the Army Achievement Medal and his rank was shown as SPC.

5. A 15 April 1991 personnel qualification record shows that the applicant’s rank was SPC, with a date of rank of
1 November 1990.

5. On 5 June 1991 he requested an identification card to replace a mutilated card. He indicated his rank as CPL. On 19 September 1991 when indicating his election for servicemen’s group life insurance he indicated his rank
as CPL.

6. Orders of 16 September 1991 reassigning the applicant to Fort Jackson, South Carolina for release from active duty show his rank as SPC. Those orders were amended on
11 October 1991 and endorsed on 25 November and 10 December, all three actions showing his rank as SPC.

7. The applicant was released from active duty at Fort Jackson on 15 December 1991. His DD Form 214 shows that he had 3 years, 3 months, and 9 days of active service and that he was released under secretarial authority. His character of service was honorable. At the time of his release, he was not available to sign the DD Form 214. His rank as shown on the form is SPC. The DD Form 214 does not show award of the Expert Infantryman Badge and the Army Achievement Medal; and does not indicate that he received the Good Conduct Medal.

8. The applicant’s records do not contain any promotion orders above the rank of Private First Class (PFC), nor do they contain any information whatsoever that the applicant served in Saudi Arabia, Kuwait, any location in Southwest Asia, or any other overseas location, other than Germany.

9. The applicant was discharged by the Army Reserve Personnel Center at St. Louis on 10 September 1996. His rank is shown as SPC.

10. Army Regulation 600-8-22 provides that the 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 3 years except in those cases
when the period for the first award ends with the
termination of a period of Federal military service.
Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide
written notice of nonfavorable consideration and permits
the individual to respond.

11. The aforementioned regulation also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
As with all awards, formal recommendation and approval in the chain of command are required. The award must be announced or published in general or permanent orders.

12. Message changes to Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by
award of the Southwest Asia Service Medal (SWASM) to
Army members who participated in Operations Desert
Shield/Desert Storm in the designated area on or after 2
August 1990. A member serving outside the area in
Israel, Egypt, Turkey, and Jordan is eligible if the
unit was under the command and control of the Central
Command or was serving in direct support of military
operations. Individuals on temporary duty are eligible
after 30 consecutive or 60 nonconsecutive days. A
bronze service star is authorized for the Defense of
Saudi Arabia (2 August 1990 to 16 January 1991) and the
Liberation and Defense of Kuwait (17 January to 11 April
1991. A Cease-fire Campaign period begun on 12 April
1991 and extends to an as yet unannounced date. A
member who served in only Operation Provide Comfort is
eligible for the SWASM and for the SWASM and a single
bronze service star if they served in that operation
subsequent to 12 April 1991.

13. A Kuwait Liberation Medal awarded by the Government of Saudi Arabia 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.

14. A Kuwait Liberation Medal was also awarded by the Government of Kuwait, 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.

CONCLUSIONS:

1. The applicant was awarded the Expert Infantryman Badge and the Army Achievement Medal. Those awards should be shown on his DD Form 214.

2. The applicant served in the Army for over three years and received an honorable separation. There is no evidence in the applicant's official military personnel file that his
commander ever disqualified him for award of the Good
Conduct Medal. He was eligible for and should have received the Good Conduct Medal.

3. The applicant’s rank as shown on his DD Form 214 is correct. Notwithstanding the documents that the applicant completed to show his rank as CPL, there is no evidence to show that he was promoted to that rank. Orders published prior to his separation from active duty show his rank
as SPC.

4. The applicant is not entitled to award of the Combat Infantryman Badge, the Southwest Asia Service Medal, or the Kuwait Liberation Medal. There is no evidence to show that the applicant served in active ground combat, nor is there evidence to show that he served in any overseas location other than Germany. The applicant’s request for these awards is rejected.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Expert Infantryman Badge, the Army Achievement Medal, and the Good Conduct Medal.

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

BOARD VOTE :

GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION




                 
                  CHAIRPERSON

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