PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 June 2002
         DOCKET NUMBER: AR2002067705


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Roger W. Able		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.

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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 award of the Army Achievement Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait, the Combat Medical Badge, the Expert Marksmanship Qualification Badge, the Driver Badge and any other awards or decorations to which he may be entitled. He also requests that his DD Form 214 be corrected to show his total period of military service from March 1986 to March 1996.

3. The applicant states, in effect, that he is entitled to the Combat Medical Badge because he served as a medic for his platoon in Operation Desert Storm, that he is entitled to the Expert Marksmanship Qualification Badge because he scored expert on his last score card and that he is entitled to the Driver Badge because he logged over 51,000 miles in service with no accidents. He also contends that his total military service was from March 1986 to March 1996. In support of his application, he submits a DD Form 214; a DD Form 215 (Correction to DD Form 214); an award certificate for the Army Achievement Medal; two certificates of achievement; a completion certificate for basic training; an Honorable Discharge Certificate from the U.S. Army Reserve (USAR) and a Record Fire Scorecard.

4. The applicant’s military records show that he was ordered to active duty on
21 November 1990 in support of Operation Desert Shield/Desert Storm in military occupational specialty 77F10 (petroleum supply specialist). He was released from active duty on 9 July 1991. The applicant was honorably discharged from the USAR effective 12 March 1996.

5. The applicant’s DD Form 214 does not show the Army Achievement Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait, the Combat Medical Badge, the Expert Marksmanship Qualification Badge or the Driver Badge as authorized awards.

6. The applicant was issued a DD Form 215 (Correction to DD Form 214), dated 23 July 1992, which shows the Kuwait Liberation Medal as an authorized award.

7. The applicant provided an award certificate, dated 12 May 1992, for the Army Achievement Medal. This award was for achievement which occurred after the applicant’s separation from active duty.

8. The applicant’s DD Form 214 shows that he served in Southwest Asia from
1 February 1991 through 8 June 1991.




9. There are no orders for the Combat Medical Badge in the available records. There is no evidence in the available records which shows the applicant met the qualifications for award of the Combat Medical Badge.

10. The applicant provided a DA Form 3595-R (Record Fire Scorecard), dated
1 May 1992, which shows that he scored expert with the M-16 Rifle. This qualification occurred after the applicant’s separation from active duty.

11. There are no orders for the Driver Badge in the available records. There is no evidence in the available records which shows the applicant met the qualifications for award of the Driver Badge.

12. The applicant’s DD Form 214 covers the period 21 November 1990 through
9 July 1991. This DD Form 214 shows that the applicant had 4 months and
20 days of prior active service and had 5 months and 27 days of prior inactive service. There is no evidence in the available records which shows the applicant’s military service began in March 1986.

13. Review of the applicant’s records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

14. Army Regulation 600-8-22 (Military Awards) 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.

15. 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.

16. 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.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge 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 and the soldier must have been personally present and under fire during such ground combat.


18. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. 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.

19. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Badge. To receive award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and must Perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.

20. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that a DD Form 214 will only be issued for active duty service.

CONCLUSIONS:

1. Evidence of record shows the applicant received the Army Achievement Medal in 1992, after his release from active duty. Therefore, there is no basis for granting the applicant’s request to show the Army Achievement Medal on his DD Form 214 which covers his active duty service from 21 November 1990 through
9 July 1991.

2. The applicant’s DD Form 215 shows entitlement to the Kuwait Liberation Medal. However, the Board is unable to determine whether this medal was awarded by the Kingdom of Saudi Arabia or the Government of Kuwait.

3. Since the applicant served in Southwest Asia from 1 February 1991 through
8 June 1991, he is entitled to the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. Therefore, his records should be corrected to show both foreign awards.

4. The Board considered the applicant’s contention that he is entitled to the Combat Medical Badge because he served as a medic for his platoon in Operation Desert Storm. However, evidence of record shows he served as a petroleum supply specialist, not a medical specialist. Therefore, the Board determined that there was insufficient evidence on which to base award of the Combat Medical Badge in this case.

5. Evidence of record shows the applicant scored expert with the M-16 Rifle in 1992, after his release from active duty. Therefore, there is no basis for granting the applicant’s request to show the Expert Marksmanship Qualification Badge on his DD Form 214 which covers his active duty service from 21 November 1990 through 9 July 1991.

6. The Board considered the applicant’s contention that he is entitled to the Driver Badge because he logged over 51,000 miles in service with no accidents. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.

7. There is no evidence of record which shows the applicant met the qualifications for award of the Driver Badge. Therefore, the Board determined that there was insufficient evidence on which to base award of the Driver Badge in this case.

8. The applicant’s contention that his total military service was from March 1986 to March 1996, is not supported by the evidence of record. The applicant’s DD Form 214 with an effective date of 9 July 1991 shows that he only had
4 months and 20 days of prior active service and 5 months and 27 days of prior inactive service.

9. Evidence of record does show that the applicant was honorably discharged from the USAR effective 12 March 1996. However, there is no evidence of record which shows that the applicant served on active duty or in the USAR beginning in March 1986. Therefore, there is no basis for granting the applicant’s request that his DD Form 214 be corrected to show his total period of service from March 1986 to March 1996.

10. 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 by showing that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.







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

BOARD VOTE:

RVO____ RWA___ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067705
SUFFIX
RECON
DATE BOARDED	20020620
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.