Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001053748C070420
Original file (2001053748C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 August 2001
         DOCKET NUMBER: AR2001053748


         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Ms. June Hajjar Chairperson
Mr. Thomas F. Baxter Member
Mr. John T. Meixell 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, in effect, award of the Combat Medical Badge (CMB), the Armed Forces Expeditionary Medal (AFEM) and the Kuwait Liberation Medal (KLM-K) – Government of Kuwait.

3. The applicant states, in effect, that while in Southwest Asia (SWA) his unit, the 588th Engineer Battalion, was assigned to the 1st Infantry Division (1st ID) and were authorized to wear the 1st ID combat patch. His military occupational specialty (MOS) was 91A (Medical Specialist) and he was never given credit for the medical treatment he provided soldiers who were wounded. Upon returning from SWA all of unit’s medics were given the CMB and told orders would follow. He became ill and due to being overweight was separated from the Army without receiving the CMB.

4. The applicant’s military records show he entered active duty on 3 February 1987 and completed training in MOS 91A (Medical Specialist). He was in a temporary duty status in Saudi Arabia from 18 December 1990 through 20 April 1991. He achieved the rank of specialist and was separated with an honorable discharge on 24 April 1992.

5. His awards include the Army Achievement Medal, the Army Lapel Button, the Army Service Ribbon, the Good Conduct Medal, the KLM-SA (authorized by the Kingdom of Saudi Arabia), the National Defense Service Medal, the Overseas Service Ribbon with numeral “1” and the SWA Service Medal with 3 bronze service stars.

6. The CMB is not shown on the applicant’s DD Form 214 (Separation Document) or DA Form 2-1 (Personnel Qualification Record) as an authorized award. The DA Form 2-1 does indicate that he drew imminent danger pay for the period he was in SWA.

7. A memorandum issued on 16 March 1991 indicates that members of the 588th Engineer Battalion (the applicant’s unit of assignment) were authorized to wear the combat patch of the 1st ID.

8. There is no evidence in the applicant’s personnel records which shows he was awarded the CMB. Records show he was assigned as a 91A to the 588th Engineer Battalion, which came under the operation control of the 1st ID.








9. AR 600-8-22 provides, in pertinent part, that the CMB is awarded to medical
department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

10. The same regulation provides that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. The designated period of eligibility for the AFEM in the Persian Gulf is from 24 July 1987 to 1 August 1990.

11. The same regulation and subsequent implementing instructions issued in November 1995, provides that the KLM-K is awarded for qualifying service between 2 August 1990 and 31 August 1993; the KLM-SA is awarded for qualifying service between 17 January 1991 and 28 February 1991.

CONCLUSIONS:

1. Evidence of record shows that the applicant served in SWA and was assigned as a medical specialist to a combat unit. However, there is no evidence that shows he performed duties as a medical specialist with a combat unit while it was in contact with the enemy. Therefore, the applicant is not eligible for award of the CMB.

2. The final instructions for awarding KLM-K were not published until after his separation. Since he served the necessary time period in SWA, he is entitled to be credited with the KLM-K in addition to the KLM-SA, which he already has been awarded.

3. The governing regulation for the AFEM does not show that it was awarded for the period the applicant served in SWA (December 1990 to April 1991). Therefore, the applicant is not entitled to correction of his records to show this 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 KLM – K.

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

BOARD VOTE:

___jh ___ ____tfb__ ____jtm__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________June Hajjar_________
                  CHAIRPERSON




INDEX

CASE ID AR2001053748
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/08/16
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.01
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2014 | 20140006985

    Original file (20140006985.txt) Auto-classification: Approved

    The evidence of record shows: a. the applicant's service in support of ODS in SWA qualified him for award of the: (1) SWASM and he participated in three campaigns during his service in SWA. d. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 29 April 1988 through 28 April 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...

  • ARMY | BCMR | CY2006 | 20060012287

    Original file (20060012287.txt) Auto-classification: Approved

    The applicant requests, in effect, that he be awarded the Combat Medical Badge (CMB), the Overseas Service Ribbon (OSR), the Driver’s Badge and that his records be corrected to reflect his qualifications with the machinegun and hand grenade, his award of the Army Commendation Medal (ARCOM), the Armed Forces Reserve Medal (AFRM) with “M” Device, his inactive service in the delayed entry program (DEP), his correct Social Security Account Number (SSAN), and his attendance at the law enforcement...

  • ARMY | BCMR | CY2012 | 20120010940

    Original file (20120010940.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Medical Badge (CMB) and the Valorous Unit Award (VUA). The available evidence shows the applicant along with other Soldiers assigned to the 2nd ACR were recommended for award of the CMB for the period 24 February to 3 March 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...

  • ARMY | BCMR | CY2001 | 2001059243C070421

    Original file (2001059243C070421.rtf) Auto-classification: Approved

    Although authorized subsequent to the applicant’s discharge, the applicant is eligible to be awarded the KLM-K for his service in SWA. However, the Board finds no entitlement to award the applicant the AFEM for his service in SWA. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the KLM-K and issuing him the medal set if it is still available for issue.

  • ARMY | BCMR | CY2014 | 20140002034

    Original file (20140002034.txt) Auto-classification: Approved

    The applicant provides a two-page statement explaining his application, copies of orders assigning him to the 3rd Armored Division, a verification of his tour in SWA, orders assigning him to Fort Sill, a hand receipt for issue of a PUC, DD Form 214, orders awarding him the ARCOM, a certificate of commendation, orders awarding him the AAM, a certificate awarding him another AAM (absent orders), and an awards chart indicating awards he has and awards he believes he is entitled to receive. ...

  • ARMY | BCMR | CY2006 | 20060010590

    Original file (20060010590.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB). Although the applicant's records show he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to SWA, there is no evidence he served satisfactorily during active ground combat and was personally "present under hostile fire.” Therefore, the applicant has not met the requirements for award of the...

  • ARMY | BCMR | CY2015 | 20150000957

    Original file (20150000957.txt) Auto-classification: Approved

    The evidence of record shows the applicant's service in support of: a. c. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 28 July 1986 through 27 July 1989. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 28 July 1986 through 27 July 1989 (Standard Name Line: SPC...

  • ARMY | BCMR | CY2007 | 20070017546

    Original file (20070017546.txt) Auto-classification: Approved

    Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) should be corrected to show he served during Operation Desert Storm/Desert Shield. The applicant’s records show that he was promoted to SGT/E-5 on 10 January 1993, after the completion of...

  • ARMY | BCMR | CY2010 | 20100012513

    Original file (20100012513.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Commendation Medal (ARCOM) * Kuwait Liberation Medal (awarded by the Government of Kuwait (KLM-K)) * Kuwait Liberation Medal (awarded by the Kingdom of Saudi Arabia (KLM-SA)) 2. He provides copies of: * General orders authorizing the 1st Armored Division Combat Patch to members of his unit who served in Southwest Asia in support of Operation Desert Storm *...

  • ARMY | BCMR | CY2005 | 20050009397C070206

    Original file (20050009397C070206.doc) Auto-classification: Approved

    Orders show he received the first award of the AAM for the period 9 January 1990 through 28 January 1990; the second award of the AAM for the period 15 July 1988 through 5 November 1991; and a third award of the AAM for the period 15 June 1988 through 15 December 1991. Although the evidence of record shows the applicant was awarded ASI "Q9," there is no evidence of record which shows he completed the Traffic Accident Investigation Course. As a result, the Board recommends that all...