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Decision Text

ARMY | BCMR | CY2002 | 2002074478C070403
Original file (2002074478C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002074478


         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. Joann Langston Chairperson
Ms. Margaret V. Thompson Member
Mr. Richard T. Dunbar 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal, the "Overseas" (correctly known as the Overseas Service Ribbon) and the "Kuwait Liberation" (correctly known as the Kuwait Liberation Medal).

3. The applicant states that these medals are not shown on his original DD Form 214. In support of his application, he submits a copy of his DD Form 214.

4. The applicant’s military records show that he enlisted in the Regular Army on 26 September 1988 for a period of three years. He completed training as a parachute rigger and served in Southwest Asia from 16 August 1990 through 24 March 1991. The applicant was honorably released from active duty on 23 October 1991.

5. The applicant's DD Form 214 does not show the Army Achievement Medal, the Overseas Service Ribbon or the Kuwait Liberation Medal as authorized awards. His discharge document shows entitlement to the Southwest Asia Service Medal with two bronze service stars.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Army Achievement Medal, and there is no evidence that he was recommended for award of the Army Achievement Medal. His DA Form 2-1 (Personnel Qualification Record) does not show any entry in item 9 (Awards, Decorations and Campaigns) for award of the Army Achievement Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

7. The applicant's DA Form 2-1 shows he completed temporary duty in Southwest Asia from 16 August 1990 through 24 March 1991 and was credited with 7 months of foreign service. There is no evidence of record which shows he was credited with a normal overseas tour completion.

8. 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.

9. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Further, the Overseas Service Ribbon is not authorized when overseas service is recognized with another U.S. service medal.

10. 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.

11. 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.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Army Achievement Medal. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Achievement Medal. Therefore, there is insufficient evidence upon which to award the Army Achievement Medal in this case.

2. The applicant's DD Form 214 shows the Southwest Asia Service Medal with two bronze service stars as an authorized award.

3. There is no evidence of record which shows the applicant completed a normal overseas tour and his service in Southwest Asia was recognized with award of the Southwest Asia Service Medal. Therefore, there is no basis for award of the Overseas Service Ribbon to the applicant.

4. Records show the applicant served in Southwest Asia from 16 August 1990 through 24 March 1991.

5. Based on the applicant's service in Southwest Asia, 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. Therefore, his DD Form 214 will be amended to show these awards.

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 this case be corrected by showing 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:

JL______ MVT____ RTD_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON



INDEX

CASE ID AR2002074478
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021017
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 Mr. Schneider
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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