RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050004381


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard Jr.          |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of her request for award of the
Purple Heart.  As new issues, she also requests an additional Purple Heart,
the "Meritorious Medal with Bronze Star" (known as the Meritorious Service
Medal (2nd award)), the Armed Forces Expeditionary Medal, the Army Good
Conduct Medal (2nd award), the Valorous Unit Award, the Meritorious Unit
Commendation, the Overseas Service Ribbon (3rd Award), the Kuwait
Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Iraq), the
United Nations Medal, the Joint Service Achievement Medal, the Cold War
Recognition Certificate, and amendment of her DD Form 214 (Certificate of
Release or Discharge from Active Duty) to add a Spanish Course (2 weeks),
the Reserve Osmosis Water Purification Units Course (ROWPU), and a Letter
of Commendation for Fast Track Graduation.

2.  The applicant states, in effect, that she served in the Persian Gulf
War and that on or about February 1991 and March 1991 she was exposed to
enemy released chemical and biological agents.  The applicant continued
that she was treated at remote sites at the time because of the inability
to leave the mission in areas that were critical at the time.  The
applicant further states that she was assigned to the 122nd Main Support
Battalion (MSB) and attached to various other units while serving in the
Persian Gulf War and that she should receive the above awards.

3.  The applicant provides a DD Form 214; Headquarters, Department of the
Army General Orders Number 14, dated 11 April 1997; a memorandum from the
U.S. Total Army Personnel Command, Subject:  Valorous Unit Award, dated
5 March 1996; a memorandum from the Department of Veterans Affairs, dated
23 July 1998; a memorandum from the Office of the Under Secretary of
Defense, Personnel and Readiness, dated 5 December 2000; 8 pages of medical
progress notes from the Orange Internal Medical Clinic, dated 5 December
2003; and
7 pages of Persian Gulf War photos.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004100731 on
3 August 2004.

2.  The applicant requested correction of her records to show award of the
"Meritorious Medal with Bronze Star" (known as the Meritorious Service
Medal (2nd award).  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Meritorious Service Medal (2nd award) under the provisions of Section 1130,
Title 10, United States Code.  She has been notified by separate
correspondence of the procedures for applying for the decoration under
section 1130 and, as a result, it will not be discussed further in this
record of Proceedings.

3.  The applicant enlisted in the Regular Army on 10 August 1988 and
successfully completed basic training and advanced individual training.
She was awarded military occupational specialty 77W (Water Treatment
Specialist).  Records show that the applicant was awarded the Army
Achievement Medal in October 1991 and the Joint Service Achievement Medal
in February 1994.  There is no derogatory information in her records and no
evidence to show her commander disqualified her for award of the Army Good
Conduct Medal (2nd award).

4.  On or about 14 November 1989, the applicant was assigned to A Company,
122nd MSB, Germany.  Her unit was deployed to the Persian Gulf War on
25 December 1990 and departed the Persian Gulf on 15 July 1991.  She was
reassigned to Soto Cano Air Base, Honduras on or about 13 April 1993 and
departed Soto Cano Air Base, Honduras on or about 25 January 1994.  The
applicant was honorably released from active duty on 15 December 1995 in
the rank of Specialist Four/E-4 after completing 7 years, 4 months, and 6
days of creditable active service with no lost time.

5.  The applicant's DD Form 214 with the ending period 15 December 1995
shows she was awarded the Army Commendation Medal, the Joint Service
Achievement Medal, the Army Achievement Medal (3rd award), the Army Service
Ribbon, the Overseas Service Ribbon (2nd award), the Kuwait Liberation
Medal, the National Defense Service Medal, the Southwest Asia Service Medal
with       3 bronze service stars, the Humanitarian Service Medal (2nd
award), and the Sharpshooter Marksmanship Qualification Badge (Rifle Bar).

6.  Item 14 (Military Education) of her DD Form 214 shows she completed the
Water Treatment Specialist Course, 8 weeks, April 1989; German Head Start,
  1 week, December 1989; the 3000 Gallon Per Hour ROWPU Course, 24 weeks,
September 1989; and the Hazardous Material Course, 2 weeks, 1992.

7.  U.S. Army Quartermaster Center and School, Office of the Commandant
memorandum, dated 17 April 1989, shows that the applicant was awarded a
Letter of Commendation for Fast Track Graduate.

8.  574th Personnel Service Company Permanent Orders 53-17, dated 10 July
1991, shows that the applicant was awarded the Army Good Conduct Medal (1st
Award) for the period 10 August 1988 through 9 August 1991.

9.  Headquarters, Department of the Army General Orders Number 14, dated
11 April 1997, shows that the 122nd MSB was awarded the Meritorious Unit
Commendation for outstanding service for the period 26 December 1990
through 19 May 1991.

10.  There are no general orders in the applicant’s service personnel
records that show she was awarded the Purple Heart.  There also is no
evidence in her service personnel records that shows that she was treated
for biological or chemical agents as a result of hostile action in the
Persian Gulf.  The applicant's name is not listed on the Persian Gulf
Casualty Roster.  She provided no new evidence that was not considered by
the ABCMR on 3 August 2004.

11.  Item 17 (Civilian Education and Military Schools) of the applicant's
DA Form 2-1 (Personnel Qualification Record) does not show completion of a
Spanish Course.

12.  The applicant's Army Medical Treatment Records are unavailable.

13.  The applicant provided a memorandum from the Department of Veterans
Affairs, dated 23 July 1998, that shows she was rated permanently and
totally disabled under disability rating criteria established by the
Department of Veterans Affairs.

14.  The applicant provided a memorandum from the Office of the Under
Secretary of Defense, Personnel and Readiness, dated 5 December 2000, that
stated, in effect, that during the Persian Gulf War friendly forces had
detonated low levels of chemical agent munitions near Khamisiyaha, Iraq and
that her unit may have been in the general area of detonation and she may
have been exposed to chemical agent munitions after the demolition
occurred.

15.  A DD Form 215, dated 26 April 2004, was issued to the applicant which
amended item 24 of her DD Form 214 by deleting the Kuwait Liberation Medal
and by adding the Kuwait Liberation Medal (Kuwait) and the Kuwait
Liberation Medal (Saudi Arabia).

16.  On 3 August 2004, the ABCMR denied the applicant's first request for
one award of the Purple Heart in Docket Number AR2004100731.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Armed Forces Expeditionary Medal for qualifying
service after 1 July 1958 in U.S. military operations, U.S. operations in
direct support of the United Nations, and U.S. operations of assistance to
friendly foreign nations.  Qualifications for this award includes the
requirements to be a bona fide member in a unit engaged in the operation or
to serve in the area of operations for 30 days, or to be engaged in direct
support of the operation for 30 consecutive or 60 nonconsecutive days
provided this support involves entering the area of operations.  The
regulation also provides that the Armed Forces Expeditionary Medal may be
awarded if the individual served the full period in cases when the
operation is less than 30 days in duration, if the individual is engaged in
actual combat with armed opposition regardless of the period of service, if
the individual participates as a member of an aircraft flying in support of
the operation, or if the individual is recommended (or attached to a unit
recommended) for award of the medal if the above criteria have not been
met.  The designated military operations and dates of eligibility for this
award are specified in Army Regulation 600-8-22.  The Armed Forces
Expeditionary Medal was awarded for service in the Persian Gulf during the
period from 24 July 1987 to 1 August 1990.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.  When
contemplating an award of this decoration, the key issue that commanders
must take into consideration is the degree to which the enemy caused the
injury.  The fact that the proposed recipient was participating in direct
or indirect combat operations is a necessary prerequisite, but is not sole
justification for award.  An example of enemy-related injuries which
clearly justify award of the Purple Heart is an injury caused by enemy
released chemical, biological, or nuclear agent.  A chemical, biological,
or nuclear agent not released by the enemy is an example of an injury or
wound which clearly does not qualify for award of the Purple Heart.

19.  Army Regulation 600-8-22 provides that the Army 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 Army Good
Conduct Medal, disqualification must be justified.  A clasp is authorized
for wear on the Army Good Conduct Medal to denote a second or subsequent
award.

20.  Army Regulation 600-8-22 and MILPER Message Number 94-137 (with a
date/time group of 041530Z February 1994) provided for award of the United
Nations Medal for participation in one or more of the following six United
Nations Operations (United Nations Transitional Authority in Cambodia,
United Nations Advance Mission in Cambodia, United Nations Protection Force
in Yugoslavia, United Nations Mission for the Referendum in Western Sahara,
the United Nations Iraq/Kuwait Observation Group and the United Nations
Operation in Somalia (to include U.S. Quick Reaction Force Members)).  The
United Nations Medal is awarded by the Secretary-General of the United
Nations and is categorized as a NON-U.S. Service Medal.  The certificate
issued by the Unit Nations constitutes award of the United Nations Medal.
Participation in the operation does not automatically qualify the
individual for the United Nations Medal and the service member must have
been presented the medal by a representative of the Secretary-General.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

22.  Army Regulation 600-8-22 provides, in pertinent part, that effective 1
August 1981, all members of the Active Army, Army National Guard, and Army
Reserve in an active Reserve status are eligible for the award for
successful completion of overseas tours.  The award may be awarded
retroactively to those personnel who were credited with a normal overseas
tour completion before 1 August 1981 provided they had an Active Army
status on or after 1 August 1981 and the overseas service is not recognized
with another U.S. service medal.  Numerals are used to denote the second
and subsequent awards of the Overseas Service Ribbon.

23.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  The version in
effect at the time stated for item 14 (Military Education), list in-service
training course; title, number of weeks, year successfully completed during
this period of service; e.g., medical, dental, electronics, supply,
administration, personnel, or heavy equipment operations.  This information
is to assist the member after separation in job placement and counseling;
therefore, training courses for combat skills will not be listed.

24.  Army Regulation 635-5 provides that item 13 of the DD Form 214 will
reflect decorations, medals, badges, citations and campaign ribbons awarded
or authorized for all periods of service.  Certificates of Achievement,
Letters of Appreciation, and similar documents (which would include the
Cold War Recognition Certificate) are not recorded on the DD Form 214.

25.  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 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
CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200
Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the
applicant’s request for the Cold War Recognition Certificate is not
discussed any further.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart was carefully
considered.  However, there is insufficient evidence to support this
contention.  By regulation, in order to award the Purple Heart it is
necessary to establish that a Soldier was injured in action, that the
injury required treatment by a medical officer, and the treatment record
must have been made a matter of official record.

2.  The evidence provides no confirmation that the applicant was injured in
action.  It does not show that the applicant received injuries from
chemical munitions.  Her record is void of any documentary evidence that
shows she was treated for a wound sustained in action.  Her name is not
included on the Persian Gulf Casualty Roster, the official DA list of
Persian Gulf battle casualties.

3.  It is noted that the 5 December 2000 memorandum from Office of the
Under Secretary of Defense Personnel and Readiness did mention that
friendly forces had detonated low levels of chemical agent munitions and
that her unit may have been in the area.  It did not mention contact with a
hostile force and the applicant provided no other evidence that her unit
came into contact with hostile forces who released chemical weapons.
Although the veracity of the applicant's claim that she sustained her
injuries in the Persian Gulf is not in question, there is no evidence to
show she was exposed to the residuals of chemical use by hostile forces.

4.   Lacking any corroborating evidence of record showing that the
applicant was treated for a wound/injury that was the direct result of or
caused by enemy action, the regulatory burden of proof necessary to support
award of the Purple Heart has not been satisfied in this case.  As a
result, her request for two Purple Heart awards must be denied in the
interest of all those who served in the Persian Gulf and who faced similar
circumstances.

5.  There is no evidence of record that shows that the applicant is
eligible for award of the Armed Forces Expeditionary Medal, the United
Nations Medal, and the Valorous Unit Award.  Records show that the
applicant was awarded two Overseas Service Ribbons for Germany and
Honduras.  She was awarded the Southwest Asia Service Medal for her service
in the Persian Gulf War which precluded award of the Overseas Service
Ribbon (3rd award).  Letters of commendation are not authorized for entry
on the DD From 214.

6.  There is no evidence of record that shows the applicant completed a 2-
week Spanish Course.  Evidence of record further shows that the applicant
completed the ROWPU Course and it is already on her DD Form 214.

7.  Evidence of record shows that the applicant was awarded the Kuwait
Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait)
and these awards were added to her DD Form 214 when the DD Form 215 was
prepared.  The Joint Service Achievement Medal is already on her DD Form
214.

8.  Evidence of record shows that the applicant was awarded the Army Good
Conduct Medal (1st Award).  The applicant was separated in the rank of
Specialist with almost seven and a half years of creditable active service
with no time lost.  During that period of service she was awarded the Army
Achievement Medal and the Joint Service Achievement Medal.  There is no
evidence of any adverse information or that her commander disqualified her
for award of the Army Good Conduct Medal (2nd award).  Therefore, it
appears she met the
eligibility criteria for the Good Conduct Medal (2nd award) for the period
          10 August 1991 through 9 August 1994 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.

9.  The applicant was assigned to a unit during a period of time the unit
was awarded the Meritorious Unit Commendation.  Therefore, her DD Form 214
should be amended to add this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__TDH__  ___ JI ___  __ CD  __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice as pertains to award of the Purple Heart.  Therefore,
the Board determined that the overall merits of this case are insufficient
as a basis to amend the decision of the ABCMR set forth in Docket Number
AR2004100731 on 3 August 2004.

2.  Regarding the applicant's remaining issues, the Board determined that
the evidence presented was sufficient to warrant a recommendation for
partial relief. As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected:

      a.  by awarding her the Army Good Conduct Medal (2nd award) for the
period 10 August 1991 through 9 August 1994; and

      b.  by amending her DD Form 214 to add the Army Good Conduct Medal
(2nd award) and the Meritorious Unit Commendation.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of a second Purple Heart, the Armed Forces Expeditionary Medal, the
United Nations Medal, the Valorous Unit Award, the Overseas Service Ribbon
(3rd award), and amending her DD Form 214 to add a Spanish Course, or a
Letter of Commendation for Fast Track Graduation.




                            ___ Thomas D. Howard Jr. __
                                     CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004381                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |3 November 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0056.0000                           |
|2.                      |107.0017.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]