PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 March 2003
         DOCKET NUMBER: AR2002078607


         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:

Mr. Raymond J. Wagner		Chairperson
Mr. William D. Powers		Member
Ms. Linda M. Barker		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 submitted two separate applications in which he requests correction of his records to show award of the Air Medal, the Army Achievement Medal (First Oak Leaf Cluster) and the Army Commendation Medal.

3. The applicant states, in effect, that these awards were omitted from his official records. He claims that award of the Army Commendation Medal was relayed to him on an airfield in Saudi Arabia by a Chief Warrant Officer Two. In support of his application, he submitted a copy of Headquarters, XVIII Airborne Corps and Fort Bragg Permanent Orders Number 85-98, dated 6 May 1991 and Headquarters, 82nd Airborne Division Permanent Orders Number 195-40, dated 19 October 1989.

4. The applicant’s military records show that he enlisted in the Regular Army on 3 October 1986 for a period of four years. He successfully completed basic and advanced individual training and was assigned to Fort Bragg, North Carolina, as an observation/scout helicopter repairman. The applicant was honorably released from active duty on 5 July 1990 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

5. The applicant was recalled to active duty on 31 January 1991 in support of Operation Desert Shield/Desert Storm. He served in Southwest Asia from 15 February 1991 through 25 March 1991 and was honorably released from active duty on 29 March 1991. The applicant was transferred back to the USAR Control Group (Reinforcement) and served in this component until he was honorably discharged on 11 October 1994.

6. The applicant's service personnel records contain two DD Forms 214. These separation documents do not show entitlement to the Air Medal, the Army Achievement Medal (First Oak Leaf Cluster) or the Army Commendation Medal.

7. The applicant provided a copy of Headquarters, XVIII Corps and Fort Bragg, North Carolina Permanent Orders Number 85-98, dated 6 May 1991, which shows he was awarded the basic Air Medal for meritorious achievement during the period "16 January 1991 through 28 February 1991." These orders do not indicate that the applicant participated in aerial flight.

8. There are no flight records available to the Board which shows the applicant participated in aerial flight during the period "16 January 1991 through 28 February 1991." There is no evidence of record which shows the applicant was on crewmember or non-crewmember flying status from "16 January 1991 through 28 February 1991." His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served as a helicopter repairman during the period 31 January 1991 through 29 March 1991.

9. The applicant's separation documents show the Army Achievement Medal as an authorized award.

10. Headquarters 82nd Airborne Division Permanent Orders Number 111-180, dated 21 June 1988, awarded the applicant the Army Achievement Medal for meritorious achievement from 28 April 1988 to 9 May 1988.

11. The applicant provided a copy of Headquarters 82nd Airborne Division Permanent Orders Number 195-40, dated 19 October 1989, which awarded him the Army Achievement Medal (First Oak Leaf Cluster) for meritorious achievement from 11 September 1989 to 21 September 1989.

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

13. The Board noted that the applicant 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 which are not shown on his separation documents.

14. Records show the applicant served in Southwest Asia from 15 February 1991 through 25 March 1991.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. Department of the Army message, with a date/time group of 051044Z April 1991, provided implementation guidance for award of the Air Medal for service in the Southwest Theater of Operations. The message stated: “The Air Medal for meritorious service in the Southwest Theater of Operations is authorized for sustained distinction in the performance of duties involving regular and frequent aerial flight for a period of at least six months. For the purpose of this award, approving authorities may consider time flown in Southwest Asia commencing 2 August 1990.”

16. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
17. 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.

18. 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 Air Medal to be included in his records.

2. The Board carefully reviewed the Headquarters XVIII Airborne Corps and Fort Bragg Permanent Orders 85-98, dated 6 May 1991. Notwithstanding that these orders show that the applicant was awarded the basic Air Medal for meritorious achievement for the period "16 January 1991 through 28 February 1991", guidance provided by Department of the Army Message 051044Z April 1991 states that award of the Air Medal for operations in Southwest Asia is authorized for aerial flight for a period of six months. Therefore, there is no basis for correcting the applicant's records to show award of the Air Medal.

3. Orders show the applicant was awarded the Army Achievement Medal (First Oak Leaf Cluster) for meritorious achievement from 11 September 1989 to 21 September 1989. Therefore, his records will be corrected to show the Army Achievement Medal (First Oak Leaf Cluster).

4. The Board considered the applicant's contention that he was "relayed" award of the Army Commendation Medal on an airfield in Saudi Arabia. However, there is no evidence of record, and the applicant has provided no evidence which shows he was recommended for or awarded the Army Commendation Medal. Therefore, there is no basis for awarding the Army Commendation Medal in this case.

5. Evidence of record shows the applicant served in Southwest Asia from 15 February 1991 through 25 March 1991.

6. Based on his dates of service in Southwest Asia, the applicant is entitled to award of 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) and correction of his records to show these awards.

7. 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 Army Achievement Medal (First Oak Leaf Cluster), the KLM-SA and the KLM-K.

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

BOARD VOTE:

RJW____ WDP____ LMB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond J. Wagner_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078607
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030304
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.