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ARMY | BCMR | CY1997 | 9711583
Original file (9711583.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:

         BOARD DATE: 25 February 1998
         DOCKET NUMBER: AC97-11583

         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. The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Calvin M. Fowler Member
Ms. Karen L. Wolff Member

         Also present, without vote, were:

Mr. Karl F. Schneider Acting Director
Ms. Joyce A. Wright Examiner

         The applicant and counsel if any, did not appear before the Board.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         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 correction of his separation
document (DD Form 214) dated 10 May 1991 to show that he
served in Southwest Asia (SWA) and was authorized the awards appropriate for service in that theater.

3.       The applicant states, in effect, that his DD Form 214
should be amended to reflect his service during Operation Desert Storm and that he should be issued the appropriate awards for his service. He also states that the omission of his service in SWA on his DD Form 214 prevents him from receiving veterans preference for government jobs.

4.       The applicant enlisted on 7 July 1987 for a period of
3 years as a cannon crewman.

5.       A review of his records fails to reveal that he deployed
to or served in SWA; however, alternate Department of the Army records indicate that he served in SWA from 1 October 1990 to 5 April 1991. He was honorably released from active duty on 10 May 1991 and transferred to the USAR Control Group (Reinforcement). He had served 3 years, 10 months, and 4 days.

6. Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning individuals military awards. It states, in pertinent part, that the Southwest Asia Service Medal (SWASM) is awarded to all members of the Armed Forces of the United States serving in SWA and contiguous waters or airspace thereover, on or after 2 August 1990.

7.       Army Regulation 600-8-22, in regards to award of the
Kuwait Liberation Medal (KLM), states, in pertinent part,
that the KLM is awarded to all members of the Armed Forces
of the United States serving in SWA and it contiguous
waters or airspace thereover, in support of Operation Desert
Storm during the period 17 January 1991 to 28 February 1991.

CONCLUSIONS:

1.       It appears, based on information obtained from
alternate Department of the Army records that the applicant
served in SWA from 1 October 1990 to 5 April 1991.
However, for reasons not explained in the available records, his service in SWA was omitted from his DD Form 214.
2.       Therefore, it would be appropriate at this time to
correct the applicant’s records to show that he served from 1 October 1990 to 5 April 1991, and that he was awarded the SWASM and KLM for his service in SWA.

3. In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

a.       that the individual concerned served in SWA from
1 October 1990 to 5 April 1991; and

b.       that he was awarded the SWASM and the KLM for his
service in SWA.

BOARD VOTE:

KW JHL CMF GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION




                 
                  CHAIRPERSON

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