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ARMY | BCMR | CY2002 | 2002075177C070403
Original file (2002075177C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002075177


         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:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley L. Powell Member
Mr. Elzey J. Arledge, Jr. 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 that he was awarded the Mechanic Badge, the Good Conduct Medal, two Army Commendation Medals, two Army Achievement Medals and the Cold War Recognition Medal.

3. The applicant states that his DD Form 214 does not reflect all of his awards.

4. The applicant’s military records show that he entered the Regular Army on 3 November 1987, and completed training as a M1 Abrams Tank System Mechanic. He was released from active duty at the expiration of his term of service on 1 November 1991. His character of service was honorable.

5. The applicant’s DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Southwest Asia Service Medal with 2 Bronze Service Stars, the Overseas Service Ribbon, the Expert Badge (Rifle) and the Sharpshooter Badge (Grenade). His discharge document does not show the requested awards or the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the Government of Kuwait.

6. 24th Infantry Division (Mechanized) and Fort Stewart, Permanent Orders Number 102-54, dated 17 June 1993, awarded the applicant the Army Good Conduct Medal (Second Award) for the period of service from 6 May 1989 to 5 May 1992.

7. The applicant's records also contains Permanent Orders 127-2, issued by Headquarters, 24th Infantry Division and Fort Stewart, awarding him the Mechanic Badge with T (to indicate tracked vehicles).

8. A certificate in his records indicates that on 12 April 1990, the applicant was awarded the Army Achievement Medal for meritorious service for the period 6 June 1988 through 3 July 1990.

9. Another certificate indicates that on 29 January 1991, the applicant was awarded the Army Commendation Medal for exemplary service for the period October 1990 through October 1991.

10. His records reflect that on 19 May 2002, he submitted a request to the US Total Army Personnel Command for issue of the Cold War Recognition Certificate.

11. The Defense Manpower Data Center 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 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. 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 Southwest Asia (SWA) from 1 September 1990 through 24 March 1991.

12. Army Regulation 600-8-22 provides that 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 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. However, for service in SWA, Department of the Army issued guidance that service in a temporary duty status in that theater would not be reported as foreign service unless it was for a period longer than 6 months and then, the SWA service would be reported in item 18 (Remarks) of the DD Form 214.

15. The Cold War Recognition Certificate is not governed by the awards regulation and not an authorized item of entry on the DD Form 214. However, a certificate may be issued to any veteran who can show at least one day of service during the Cold War Era (2 September 1945 to 26 December 1991).

CONCLUSIONS:

1. The evidence of record shows that the applicant was awarded the Mechanic Badge with Tracked Vehicle Component Bar, the Army Commendation Medal, and the Army Achievement Medal. He is therefore entitled to have these awards shown on his DD Form 214.

2. There is no evidence in the applicant's record nor did he provide any evidence to show that he had received a second award of the Army Commendation Medal or the Army Achievement Medal. The Cold War Recognition Certificate is not an authorized entry on the DD Form 214 (it is noted that the applicant has submitted a request to the proper agency for issue of the appropriate certificate). Therefore his records cannot be corrected the foregoing awards.
3. Based on his service in SWA, he is entitled to correction of his records to show that he was awarded the KLM-SA and the KLM-K Medals.

4. In recognition of the applicant’s service in SWA, item 18 (Remarks) of his DD Form 214 will be amended to show the entry “SWA Service: 1 September 1990 through 24 March 1991.”

5. 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:

a. by showing the individual concerned was awarded the Mechanic Badge with Tracked Vehicle Component Bar, the Army Commendation Medal, the Army Achievement Medal, the KLM-SA and the KLM-K; and

b. by amending item 18 (Remarks) of his DD Form 214 to show the entry “SWA Service: 1 September 1990 through 24 March 1991”.

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

BOARD VOTE:

___fne_ ____slp ___eja__ GRANT AS STATED IN RECOMMENDATION

____ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________Fred N. Eichorn___________
                  CHAIRPERSON




INDEX

CASE ID AR2002075177
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021022
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. 107.0000
2.
3.
4.
5.
6.


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