PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 March 2003
         DOCKET NUMBER: AR2002079218


         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
Mr. Raymond V. O'Connor		Member
Ms. Eloise C. Prendergast		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 that the Army Commendation Medal, the Army Achievement Medal, in effect, the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests correction of his records to show the "Cold War Victory" Medal. [Based on the applicant's request for the "Cold War Victory" Medal, the Board determined that, in effect, the applicant is actually requesting for award of the Cold War Recognition Certificate].

3. The Board notes that the applicant has requested award of the Cold War Recognition Certificate. The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445. Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

4. The applicant states that he was discharged under honorable conditions in an expedited method and in doing so, he never received the medals he was granted as a 1st Armored Division unit member. He also states that the Army Discharge Review Board found his discharge to be a mistake on the behalf of the U.S. Army and by submitting this formal request he would receive his medals in their entirety. In support of his application, he submitted a copy of his DD Form 214.

5. The applicant’s military records show that he enlisted in the Regular Army on 29 September 1988 for a period of four years. He successfully completed basic and advanced individual training and was assigned to Germany on 11 February 1989 as a firefinder radio operator. He served in Southwest Asia from 16 December 1990 to 2 May 1991 and continued to serve in Germany until 5 September 1991. The applicant was honorably discharged from active duty on 11 September 1991.

6. The applicant's DD Form 214 does not show the Army Commendation Medal, the Army Achievement Medal, the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia or the Kuwait Liberation Medal awarded by the Government of Kuwait as authorized awards.

7. 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.

8. 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 does not list the Army Achievement Medal in item 9.

9. Records show the applicant served in Southwest Asia from 16 December 1990 to 2 May 1991. His DD Form 214 shows entitlement to the Southwest Asia Service Medal with two bronze service stars.

10. 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.

11. 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.

12. 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).

13. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

14. The Kuwait Liberation Medal awarded by the Government of Kuwait 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 Commendation Medal.

2. There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal. Therefore, there is no basis for correcting the applicant's records to show award of the Army Commendation Medal.

3. The Board also considered the applicant's request for award of the Army Achievement Medal.

4. There are no orders which show the applicant was awarded the Army Achievement Medal. There is also no evidence of record available to the Board which shows he was recommended for award of the Army Achievement Medal. Therefore, there is no basis for correcting the applicant's records to show award of the Army Achievement Medal.

5. Records show the applicant served in Southwest Asia from 16 December 1990 to 2 May 1991.

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

7. Based on the applicant's dates of service in Southwest Asia, he is entitled to an additional bronze service star to be worn on his Southwest Asia Service Medal. Therefore, his DD Form 214 will be corrected to show the Southwest Asia Service Medal with three bronze service stars.

8. Based on paragraph 5, above, the applicant is also 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 DD Form 214 will be corrected to show these awards.

9. 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 deleting the Southwest Asia Service Medal with two bronze service stars from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b. by adding the award of the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait to item 13 on his DD Form 214.

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

BOARD VOTE:

JL_____ RVO_____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Joann Langston________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079218
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030327
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.