PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2003
         DOCKET NUMBER: AR2003090127


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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, in effect, that the Combat Infantryman Badge, the Expert Infantryman Badge, the Army Commendation Medal, the Army Achievement Medal, and his Army Physical Training Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3. The applicant states that his DD Form 214 does not have these awards, and he would like to have them added to his separation document because he earned the awards.

4. The applicant enlisted in the US Army Reserve Delayed Entry / Enlistment Program on 12 May 1989. On 22 September 1989, the applicant enlisted in the Regular Army for a period of 3 years. He successfully completed one station unit training at Fort Benning, Georgia. On completion of his training, he was awarded the military occupational specialty 11M, Fighting Vehicle Infantryman.

5. The applicant was assigned to Company A, 3rd Battalion, 15th Infantry, 24th Infantry Division, Fort Stewart, Georgia. While at Fort Stewart, he proceeded on temporary duty on 29 August 1990 in support of Operation Southern Storm.

6. The applicant was awarded the Combat Infantryman Badge by Permanent Orders 7-56, Headquarters, 24th Infantry Division (Mechanized), dated 18 March 1991, for his engagement in active ground combat.

7. The applicant was awarded the Expert Infantryman Badge by Permanent Orders 45-1 Headquarters, 24th Infantry Division (Mechanized), dated 24 July 1992, for his having met the standards for this award.

8. The applicant was awarded the Army Commendation Medal by Permanent Orders 68-05, while he was a member of A Company, 3rd Battalion, 15th Infantry Division (Mechanized), dated 19 August 1992, for meritorious service, while assigned as a Dragon Gunner and as a Dismounted Rifleman, for the period 31 January 1990 to 21 September 1992.

9. The applicant was awarded the Army Achievement Medal while he was a member of A Company, 3rd Battalion, 15th Infantry Division (Mechanized), for meritorious service, while assigned as a Dragon Gunner, during National Training Center Rotation 92-07, and for his participation in Operation Southern Storm, during the period 30 March through 26 April 1992. The applicant did not provide nor were permanent orders for this award in the applicant's service personnel records.

10. The applicant was awarded a certificate by his battalion commander, for "Exceptional and Outstanding Service to the 3rd Battalion (Mechanized), 15th Infantry," on 31 July 1992. The certificate was awarded to recognize the applicant for having scored 300 points in the Army Physical Readiness Test.
11. The applicant was honorably released from active duty on 21 September 1992, at the expiration of his term of service, in the rank and pay grade, Specialist Four, E-4. The applicant had completed 3 years active Federal service on his release from active duty, with no lost time.

12. The DD Form 214 he was issued on his release from active duty shows, in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), that during his Army service, he was awarded: the Army Service Ribbon; the National Defense Service Medal; the Army Lapel Button; the Southwest Asia Service Medal with 2 bronze service stars; the Kuwait Liberation Medal, the Expert Badge (Grenade), and the Sharpshooter Badge (Rifle). The Army Commendation Medal, the Army Achievement Medal, the Combat Infantryman Badge, and the Expert Infantryman Badge are not shown.

13. Item 9 (Awards, Decorations & Campaigns), DA Form 2-1, Personnel Qualification Record, Part II, shows the following awards: Army Service Ribbon; National Defense Service Medal; Southwest Asia Service Medal, with two bronze service stars; Kuwait Liberation Medal; Sharpshooter Badge (Rifle); and Expert Badge (Grenade). The Army Commendation Medal, the Army Achievement Medal, the Combat Infantryman Badge, and the Expert Infantryman Badge are not shown.

14. Item 27 (Remarks), DA Form 2-1, shows that the applicant served in an "Imminent Danger Pay Area (Southwest Asia)," during the period 29 August 1990 through 21 March 1991.

15. The applicant’s DD Form 214 shows that he was awarded the Kuwait Liberation Medal. The Kingdom of Saudi Arabia awarded this Kuwait Liberation Medal. Action will be taken to correctly identify this award in Block 13 of the applicant's DD Form 214.

16. The Kuwait Liberation Medal (Saudi Arabia), 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.

17. The Kuwait Liberation Medal (Kuwait), 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. This award was approved after the applicant had been released from active duty.

18. Army Regulation (AR) 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. Evidence of record shows that the applicant served in Southwest Asia during the qualifying period for which award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) were authorized.

2. The Kuwait Liberation Medal is shown in Block 13 of the applicant's DD Form 214. The Kingdom of Saudi Arabia awarded this Kuwait Liberation Medal. This award should be correctly identified in Block 13 of the applicant's DD Form 214 as follows: Kuwait Liberation Medal (Saudi Arabia).

3. The applicant is entitled to award of the Kuwait Liberation Medal (Kuwait), which was approved on 9 November 1995, after the applicant had been released from active duty. This award should be added to his DD Form 214 at this time.

4. In the absence of permanent orders, the Board accepts the Army Achievement Medal awards certificate as acceptable evidence that the award is valid. The same individual who signed the certificate for exceptional and outstanding service signed the certificate for award of the Army Achievement Medal.

5. There is no evidence that the applicant was disqualified by his commander from receiving the Good Conduct Medal for the period 22 September 1989 through 21 September 1992. It would therefore by appropriate to award the applicant the Good Conduct Medal for his service and to add it to his DD Form 214.

6. The applicant was awarded the Army Commendation Medal, the Army Achievement Medal, the Combat Infantryman Badge, and the Expert Infantryman Badge while he was on active duty. The awards are not shown on his DD Form 214 and they should be added to his separation document at this time.

7. AR 635-5 provides that Block 13 of the DD Form 214 will show decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of achievement, letters of commendation, letters of appreciation, unit-specific awards, and similar awards will not be recorded on the DD Form 214. AR 635-5 prohibits entries to denote award of Army Physical Readiness Test-related badges in this block of the DD Form 214.

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8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by

         a. awarding the applicant the Good Conduct Medal for the period 22 September 1989 through 21 September 1992 and adding it to his DD Form 214;

b. deleting the Kuwait Liberation Medal from Block 13, DD Form 214;

c. awarding the Kuwait Liberation Medal (Kuwait) to the applicant and adding this award and the Kuwait Liberation Medal (Saudi Arabia) to Block 13 of the applicant's DD Form 214; and

         d. adding the already-awarded Army Commendation Medal, Army Achievement Medal, Combat Infantryman Badge, and the Expert Infantryman Badge to Block 13, of the applicant's DD Form 214.

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

BOARD VOTE:

__jhl____ ___ao___ __mkp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann Langston_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090127
SUFFIX
RECON
DATE BOARDED	2003/10/23
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 66	107.0020
3. 71	107.0025
4. 157	107.0111
5. 158	107.0112
6.