PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 August 2001
         DOCKET NUMBER: AR2001058704


         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. June Hajjar		Chairperson
Mr. John T. Meixell		Member
Mr. Thomas Baxter		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.

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2. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia (SWA) during the period January 1993 to April 1993 and to show that he was awarded the Southwest Asia Service Medal, the Kuwait Liberation Medal, two awards of the Army Achievement Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3. The applicant states that he knew his records were inaccurate when he received his DD Form 214 on 13 April 1995, but he could not wait for the correction.

4. The applicant’s military records show that he enlisted in the Regular Army on 19 February 1992 for a period of four years. He successfully completed basic and advanced individual training and served in Germany as a wheel vehicle repairer. The applicant was discharged from active duty on 13 April 1995.

5. The applicant’s DD Form 214 does not show that he served in SWA or that he was awarded the Southwest Asia Service Medal, the Kuwait Liberation Medal, two Army Achievement Medals or the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. This database shows that the applicant served in SWA from 1 January 1993 to 30 April 1993.

7. The applicant’s personnel records contain page one of DA Form 638-1 (Recommendation for Award), dated 16 June 1993, which shows he was recommended for award of the Army Achievement Medal for meritorious achievement from 25 January 1993 to 7 April 1993. However, page two of this recommendation is not present in his records.

8. His personnel records also contain a DA Form 638-1, dated 16 February 1994. This document shows he was awarded the Army Achievement Medal for meritorious achievement from 7 February 1994 to 11 February 1994 by 1st Battalion, 7th Air Defense Artillery Permanent Orders Number 4-184,
dated 27 February 1994. In addition, this document shows the entry “1 AAM” in item 13 (Previous Awards).

9. There are no orders in the applicant’s personnel records which show he was awarded the Sharpshooter Marksmanship Qualification Badge for qualifying with rifle. His DA Form 20 (Personnel Qualification Record) does not show he qualified as a Sharpshooter with rifle.

10. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. Department of the Army issued guidance to report service in Southwest Asia in item 18 (Remarks) of the DD Form 214.

11. 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 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), and the Cease-fire Campaign (12 April 1991 to 30 October 1995).

12. 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.

13. 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.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Achievement Medal.

15. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.




CONCLUSIONS:

1. Evidence of record shows the applicant served in SWA from 1 January 1993 to 30 April 1993; therefore, he is entitled to correction of item 18 (Remarks) on his DD Form 214 to show the entry “SWA: 1JAN93-30APR93”.

2. Based on the applicant’s service in SWA in 1993, he is not entitled to award of the Kuwait Liberation Medal which was awarded by the Kingdom of Saudi Arabia (KLM-SA) for service in the Persian Gulf between 17 January 1991 and 28 February 1991.

3. Based on the applicant’s service in SWA as stated in paragraph 1, above, he is entitled to award of the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his DD Form 214 to show these awards.

4. There are no orders available to the Board which authorize award of the Army Achievement Medal to the applicant for the period 25 January 1993 to 7 April 1993. However, a recommendation shows he was previously awarded one Army Achievement Medal. Evidence of record also shows he was awarded the Army Achievement Medal for meritorious achievement during the period 7 February 1994 to 11 February 1994. Upon review, the Board has determined that there is sufficient evidence as a basis for two awards of the Army Achievement Medal to the applicant. Therefore, he is entitled to correction of his DD Form 214 to show the Army Achievement Medal (First Oak Leaf Cluster).

5. There is no evidence of record and the applicant has provided no evidence which shows he qualified as a Sharpshooter with Rifle. Therefore, he is not entitled to correction of his records to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to the individual concerned be corrected:

         a. by showing the entry “SWA: 1JAN93-30APR93” in item 18 (Remarks) of his DD Form 214;

         b. by showing he was awarded the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) and the Army Achievement Medal (First Oak Leaf Cluster).

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

BOARD VOTE:

JH_____ JTM_____ TB______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  June Hajjar___________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058704
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010816
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	107.0074
2.	107.0100
3.	107.0025
4.	107.0109
5.
6.