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Decision Text

ARMY | BCMR | CY2002 | 2002082330C070215
Original file (2002082330C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 March 2003
         DOCKET NUMBER: AR2002082330


         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. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Margaret V. Thompson 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Joint Service Achievement Medal and the Southwest Asia Service Medal.

3. The applicant states that these medals are not shown on his DD Form 214. In support of his application, he submitted a copy of his DD Form 214 and a certificate for award of the Joint Service Achievement Medal.

4. The applicant’s military records show that he enlisted in the U.S. Army Reserve (USAR) on 15 January 1979 and was honorably discharged on 11 January 1985. He reenlisted in the USAR on 12 January 1985 and was ordered to active duty in support of Operation Desert Shield/Desert Storm on 12 September 1990. He served in Southwest Asia (SWA) from 1 October 1990 through 4 April 1991 and was released from active duty on 1 May 1991. The applicant continued to serve in the USAR until he was discharged on 1 February 2000.

5. The applicant's DD Form 214 does not show the Joint Service Achievement Medal or the Southwest Asia Service Medal as authorized awards.

6. There are no orders which show the applicant was awarded the Joint Service Achievement Medal.

7. The applicant provided a copy of an award certificate which shows he was awarded the Joint Service Achievement Medal on 8 November 1991 for meritorious service. This certificate is authenticated by the Commander of U.S. Central Command, but it does not show the period of meritorious service served in Central Command.

8. Records show the applicant served in SWA from 1 October 1990 to 4 April 1991.

9. The Board noted that 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) which are not shown on his DD Form 214.

10. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

11. 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).

12. 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.

CONCLUSIONS:

1. There are no orders which show the applicant was awarded the Joint Service Achievement Medal.

2. The Board carefully reviewed the award certificate submitted by the applicant in support of his request for award of the Joint Service Achievement Medal. The Board noted that this certificate does not cite the period which the applicant performed meritorious service. The Board also noted that the certificate was dated subsequent to the applicant's period of active duty. Further, regulation requires that an award be authorized by an order, letter or memorandum.

3. Therefore, in the absence of a proper authority for award of the Joint Service Achievement Medal, the Board determined that this award certificate is insufficient as a basis for award of the Joint Service Achievement Medal in this case.

4. Records show the applicant served in SWA from 1 October 1990 to 4 April 1991.

5. Based on the applicant's dates of service in SWA, he is entitled to the Southwest Asia Service Medal with two bronze service stars, the KLM-SA and the KLM-K and correction of his DD Form 214 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 Southwest Asia Service Medal with two bronze service stars, 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:

JLP____ AAO_____ MVT____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater____
                  CHAIRPERSON




INDEX

CASE ID AR2002082330
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030318
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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