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Decision Text

ARMY | BCMR | CY2001 | 2001062804C070421
Original file (2001062804C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 November 2001
         DOCKET NUMBER: AR2001062804


         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Stanley Kelley Member
Ms. Karen A. Heinz 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 correction of his records to show award of the “MILITARY ARMY COMBAT ARTILLERY BADGE.”

3. The applicant states the “Combat Artillery Badge” was not entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and that some other members of his unit received the “Combat Artillery Badge” upon return from Southwest Asia.

4. The applicant’s military records show that he entered active duty on 1 September 1987 and completed training as a Cannon Artillery Crewmember. He served in Southwest Asia as a member of the 1st Battalion 41st Field Artillery in support of Operations Desert Shield and Desert Storm from 23 August 1990 to 24 April 1991. The applicant was separated from active duty on 4 June 1991 upon the expiration of his term of service and was transferred to the Alabama Army National Guard.

5. There is no evidence in the applicant’s records that he received an award named the “Combat Artillery Badge”.

6. The “Combat Artillery Badge” is not listed in Army Regulation 600-8-22 (Military Awards) which governs The Army Awards Program.

7. The Board also considered the possibility that the applicant was making reference to a unit award as opposed to an individual award in view of his statement that other members of his unit received the “Combat Artillery Badge”. The Adjutant General Home Page contains the Unit Citation and Campaign Credit Register which lists unit awards authorized for actions during Operations Desert Shield and Desert Storm. This document shows the Fire Support Teams of the 1st Battalion 41st Field Artillery received the Valorous Unit Award for actions during the period 26 February 1991 to 2 March 1991 based on Department of the Army General Order Number 27, dated 27 December 1994. However, the applicant’s records contain no evidence that he was a member of the Fire Support Teams which received this unit award.

8. The Board noted that the applicant may be entitled to other decorations and awards in addition to those already listed in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

9. The Board noted that the applicant’s DD Form 214 shows that he served in Southwest Asia from 23 August 1990 to 24 April 1991.

10. 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 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). The applicant’s DD Form 214 shows the Southwest Asia Service Medal, but does not show any bronze service stars.

11. 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. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia is not shown on the applicant’s DD Form 214.

12. 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. The Kuwait Liberation Medal awarded by the Government of Kuwait is not shown on the applicant’s DD Form 214.

CONCLUSIONS:

1. There is no evidence that the applicant was awarded an individual or unit award named the “Combat Artillery Badge”. There is no evidence that the “Combat Artillery Badge” is an authorized Army badge. In the absence of evidence of record or other authority showing the “Combat Artillery Badge” is an authorized award, the applicant is not entitled to correction of his records to show award of the “Combat Artillery Badge”.

2. Evidence of record shows the applicant served in Southwest Asia in support of Operations Desert Shield and Desert Storm from 23 August 1990 to 24 April 1991. Therefore, he is entitled to award of three bronze service stars to be worn on his Southwest Asia Service Medal and correction of his records to show award of these three bronze service stars.

3. Based on the applicant’s service in support of Operations Desert Shield and Desert Storm, he is entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his records to show these foreign unit awards.

4. 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 this case be corrected:

         a. by showing that the individual concerned is entitled to the Southwest Asia Service Medal with three bronze service stars; and

         b. by showing that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

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

BOARD VOTE:

___SK__ ___INW__ __KAH___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Ms. Irene N. Wheelwright_
                  CHAIRPERSON




INDEX

CASE ID AR2001062804
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001115
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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