IN THE CASE OF:	  

	BOARD DATE:	  27 JUNE 2008

	DOCKET NUMBER:  AR20080004771 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that Item 13 of his separation document (DD Form 214) be corrected by removing both Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and Kuwait.  Also, he requests to add the award of the Armed Forces Reserve Medal with "M" Device.

2.  The applicant states, in effect, in accordance with Army Regulation  
600-8-22 (Military Awards), paragraph 9-14/15, he does not meet the requirements for the awards of the Kuwait Liberation Medals.  He states he was never mobilized and deployed during the qualifying periods.  He should be awarded the Armed Forces Reserve Medal with "M" Device for his deployment to Kuwait and Iraq during the period of 8 May 2005 to 23 July 2006.

3.  The applicant provides a copy of his DD Form 214 and a letter from Headquarters, 99th Regional Readiness Command dated 29 February 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the Regular Army on 9 October 1981.  He completed the necessary training and was awarded the military occupational specialty (MOS) 13E (Cannon Fire Direction Specialist).  He was honorably discharged from active duty and transferred to the Howitzer Battery, 1st Battalion, 150th Armored Cavalry, Hinton, West Virginia on 5 May 1989.  He completed 7 years, 6 months, and 27 days of Net Active Service This Period.

2.  His personnel record shows that he entered the Army National Guard on  
6 May 1989.  He served with the Army National Guard (ARNG) until 29 June 1990 then transferred to the U.S. Army Reserve (USAR) on 30 June 1990.  He served continuously with the USAR until he was discharged on 6 April 1999.  He had completed a total of 9 years and 11 months of service with the Reserve Components.

3.  His personnel records do not contain any evidence to show he served in the Kingdom of Saudi Arabia and Kuwait in support of the Persian Gulf War between the qualifying periods between 1 January 1991 and 28 February 1991; and 
2 August 1990 and 31 August 1993.

4.  On 8 May 2005, the applicant was ordered to active duty in support of Iraqi Freedom.  His DD Form 214 shows that he served in Kuwait and Iraq from 8 May 2005 to 26 April 2006.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and Kuwait.  However, it does not show the award of the Armed Forces Reserve Medal with "M" Device.

6.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides for award of the Armed Forces Reserve Medal. It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the Armed Forces Reserve Medal include requirements for such service to be completed within 12 consecutive years and service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to ward this award but does not constitute a break in service.  The “M” Device will be worn on the Armed Forces Reserve Medal to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

7.  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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 13 of his DD Form 214 should be corrected by removing the awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and Kuwait and by adding the award of the Armed Forces Reserve Medal with "M" Device.

2.  Since the applicant never served in the Kingdom of Saudi Arabia and Kuwait in support of the Persian Gulf War and he has requested that the awards of the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and Kuwait be removed, it is reasonable to correct the records by removing both awards.

3.  The applicant's personnel records do not show that he served 10 or more years with the Reserve Components of the Armed Forces of the United States within 12 consecutive years to be authorized the Armed Forces Reserve Medal.  Therefore, he is not authorized the award of this Medal.  Since he is not authorized the Armed Forces Reserve Medal, there is no need to correct the records to show the Armed Forces Reserve Medal with "M" Device.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 by removing the awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

2.  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 the award of the Armed Forces Reserve Medal with "M" Device.



       _    ___X____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004771



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080004771



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1