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ARMY | BCMR | CY2003 | 2003086875C070212
Original file (2003086875C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003086875

         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. William Blakely Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas Lanyi Member
Mr. Harry B. Oberg 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, in effect, that the Army Commendation Medal (ARCOM), Kuwait Liberation Medal-Saudi Arabia (KLM-SA), Tab W with his Driver and Mechanic Badge, and Expert Marksmanship Qualification Badge (Rifle) be added to his record.

3. The applicant states, in effect, that Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214), dated 11 January 1992, does not list all the awards he earned while serving on active duty. He claims that the following authorized awards were erroneously omitted from the separation document: ARCOM;
KLM-SA; Tab W with his Driver and Mechanic Badge, and the Expert Marksmanship Qualification Badge (Rifle). In support of his application, he submits an ARCOM Certificate and a copy of his DD Form 214.

4. The applicant’s military records show that he entered active duty on
12 January 1988. He was trained in, awarded, and served in military occupational specialty (MOS) 63T(Bradley Fighting Vehicle System Mechanic).

5. The DD Form 214, issued to the applicant on the date of his release from active duty on 11 January 1992, confirms that he was separated by reason of expiration of term of service (ETS) and that he held the rank of specialist (SPC) on that date. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows that he earned the following awards during his active duty tenure: Army Service Ribbon; National Defense Service Medal; Army Lapel Button; Southwest Asia Service Medal with 2 bronze service stars; Army Good Conduct Medal (1st Award); Driver and Mechanic Badge (T); Army Achievement Medal with 2nd Oak Leaf Cluster; Sea Service Development
(2nd Award); Navy Battle “E” Award; Navy Expeditionary Medal; Navy Good Conduct Medal (1st Award); Marksman Marksmanship Qualification Badge (Rifle); and Navy Meritorious Unit Commendation Medal. The ARCOM, KLM-SA, and Tab W with the Driver and Mechanic Badge were not included in this list of authorized awards.

6. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that verify that the applicant was recommended for or awarded the ARCOM, KLM-SA, Tab W with the Driver and Mechanic Badge, or the Expert Marksmanship Qualification Badge Badge.

7. In the processing of this case, a review of the Department of the Army (DA) Gulf War database was conducted and it confirmed that the applicant served in the Persian Gulf War from 1 October 1990 to 15 March 1991.


8. The applicant provided a copy of ARCOM award certificate that shows that he was awarded the ARCOM for meritorious achievement while participating in the land campaign of Operation Desert Storm during the period 22 February 1991 through 2 March 1991.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 8-28 provides guidance on awarding the Driver and Mechanic Badge. It states, in pertinent part, that component bars are authorized for the following types of vehicles and/or qualifications: Driver-W (for wheeled vehicles); Driver-T (for tracked vehicles); Driver-M (for motorcycles); Driver-A (for amphibious vehicles); Mechanic (for automotive or allied vehicles); and Operator--S (for special mechanical equipment).

10. The KLM-SA was approved on 3 January 1992, and it 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.

11. The Kuwait Liberation Medal, Kuwait (KLM-K) awarded by the Government of Kuwait was approved on 9 November 1995, and it was 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 notes the applicant’s contentions that the ARCOM, KLM-SA, Tab W with the Driver and Mechanic Badge, and the Expert Marksmanship Qualification Badge (Rifle) were erroneously omitted from his 11 January 1992 DD Form 214, and it finds partial merit in these claims.

2. The applicant provides an ARCOM certificate that shows he was awarded the ARCOM, for meritorious achievement, while participating in the land campaign of Operation Desert Storm during the period 22 February 1991 through 2 March 1991. This period is consistent with the applicant’s assignment history and participation in the Persian Gulf War as confirmed by the DA Gulf War database. Therefore, the Board finds no reason to doubt its validity, and it concludes that it would be appropriate to add this award to his record at this time.

3. A review of the DA Gulf War database confirms the applicant served in the Persian Gulf War from 1 October 1990 to 15 March 1991. As a result, he is entitled to the KLM-SA and KLM-K. Thus, the Board concludes it would also be appropriate to add these awards to his record at this time.


4. The evidence of record and independent evidence provided by the applicant do not provide any information that confirms that the applicant was ever recommended for or awarded the Tab W with his Driver and Mechanic Badge or the Expert Marksmanship Qualification Badge during his active duty tenure. As a result, the Board finds there is insufficient evidence to support adding these awards to the record.

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 for the individual concerned be corrected by showing that he was awarded the Army Commendation Medal; by showing that based on his Persian Gulf War service, he is entitled to the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__HBO___ __TL__ __AO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian
                  CHAIRPERSON





INDEX

CASE ID AR2003086875
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION Partial Relief)
REVIEW AUTHORITY
ISSUES 1.66 107.0021
2. 137 107.0089
3.172 107.0126
4.154 107.0108
5.
6.


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