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ARMY | BCMR | CY2002 | 2002083050C070215
Original file (2002083050C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 June 2003
         DOCKET NUMBER: AR2002083050


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Lester Echols Member
Mr. Lawrence Foster 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 separation document be corrected to add his Army Commendation Medal (ARCOM); to correct his rank from specialist to corporal; and to add the Saudi Arabian Liberation of Kuwait Medal and the Kuwait Liberation of Kuwait Medal.

3. The applicant states that he should have been awarded the Kuwait liberation medals, his separation document is missing his already awarded ARCOM, and his rank is wrong.

4. The applicant’s military records show that he enlisted in the Regular Army on 1 December 1987. He was awarded the military occupational specialty of motor transport operator and was promoted to specialist, pay grade E-4 on 1 June 1989.

5. The applicant served in Saudi Arabia from 18 October 1990 to 9 April 1991.

6. The applicant signed a variety of official documents as a specialist until he extended his enlistment for two months on 3 July 1991. His extension show him in the rank of corporal.

7. On 24 July 1991, the applicant completed a request for a Reserve Component identification card. His rank was listed as a corporal on that form.

8. 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.

9. 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.

10. Message changes to 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 (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A member serving outside the area in Israel, Egypt, Turkey, and Jordan is eligible if the unit was under the command and control of the Central Command or was serving in direct support of military operations. Individuals on temporary duty are eligible after 30 consecutive or 60 nonconsecutive days. 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. A Cease-fire Campaign period begun on 12 April 1991 and extends to an as yet unannounced date. A member who served in only Operation Provide Comfort is eligible for the SWASM and for the SWASM and a single bronze service star if they served in that operation subsequent to 12 April 1991.

CONCLUSIONS:

1. While no orders or record of personnel action exists in the applicant’s records showing that he was laterally appointed to corporal, the fact that documents were prepared for him in that rank near the end of his enlistment show that he did, in fact, serve in that rank. It would appear that, since his lateral appointment was accomplished so near to his separation, the orders/personnel action which accomplished the lateral appointment were not filed in his military records. The lack of documentation in his records then resulted in his separation document reflecting his rank as specialist. Since all indications are that the applicant was a corporal at the time of his separation, it would be appropriate to correct his separation document to reflect that rank.

2. Since the applicant served in Saudi Arabia during Operation Desert Storm, he is entitled to the KLM-SA, the KLM-K and the SWASM with two bronze service stars.

3. However, there is no evidence in the applicant’s records to show that he was awarded the ARCOM. As such, there is insufficient evidence in which to grant this portion of his request.

4. 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 by:

         a. awarding to the individual concerned the SWASM with two bronze service stars and the KLM;

         b. correcting the rank on his separation document from specialist to corporal; and

         c. issuing to him an amendment to his separation document which shows these additions and correction.


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

BOARD VOTE:

___lf____ ___wtm__ ____le___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Walter T. Morrison _______
                  CHAIRPERSON




INDEX

CASE ID AR2002083050
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030626
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.
2.
3.
4.
5.
6.


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