PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001059751


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Curtis L. Greenway		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 correction of item 8a (Last Duty Assignment and Major Command) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Company A, 2nd Battalion, 12th Infantry; correction of item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Expert Infantryman Badge (EIB) and six awards of the Army Achievement Medal (AAM); and correction of item
18 (Remarks) to show his dates of service in Southwest Asia.

3. The applicant states that his last duty assignment was Company A,
2nd Battalion, 12th Infantry. He contends that he received the EIB and that his discharge document shows three awards of the AAM instead of six awards. He also contends that he was in Saudi Arabia from September 1992 to April 1993 and his DD Form 214 shows nothing.

4. The applicant’s military records show that he enlisted on 25 February 1986 and trained as a fighting vehicle infantryman. On 29 October 1993 the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.

5. Item 8a (Last Duty Assignment and Major Command) on the applicant’s
DD Form 214 shows the entry “A CO 1ST BN 12TH INFANTRY FORSCOM, FC”. His discharge document does not show the EIB or six awards of the AAM as authorized awards. Item 18 (Remarks) on his DD Form 214 does not show any dates of service in Southwest Asia. The Board notes that his discharge document does not show any Southwest Asia awards.

6. The applicant’s DD Form 214 does show three awards of the AAM.

7. The applicant’s separation orders, dated 27 October 1993, show he was assigned to Company A, 2nd Battalion, 12th Infantry.

8. 4th Infantry Division (Mechanized) Permanent Orders 146-26, dated
16 October 1991, show the applicant was awarded the EIB.

9. 194th Armored Brigade Permanent Orders 109-1, dated 21 October 1986, show the applicant was awarded the AAM for meritorious achievement for the period 13 August 1986 to 20 August 1986.

10. 194th Armored Brigade Permanent Orders 121-1, dated 14 November 1986, show the applicant was awarded the AAM for meritorious achievement for the period 12 August 1986 to 6 September 1986.

11. 194th Armored Brigade Permanent Orders 22-2, dated 10 February 1987, revoked the applicant’s award of the AAM issued in Permanent Orders 109-1, dated 21 October 1986.
12. 5th Battalion (Mechanized) 8th Infantry Permanent Orders 45-1, dated
29 August 1990, show the applicant was awarded the AAM for meritorious service for the period 3 December 1987 to 2 December 1990.

13. His records contain DA Form 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), dated 30 January 1992, which shows the applicant received the AAM for meritorious achievement for the period 11 January 1991 to 31 January 1992.

14. His records also contain DA Form 638-1, dated 13 May 1992, which shows the applicant received the AAM for meritorious achievement for the period
30 March 1992 to 29 April 1992.

15. The applicant’s records contain an award certificate for the AAM for meritorious achievement for the period 11 December 1992 to 15 April 1993.

16. The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 December 1992 through 30 April 1993.

17. Army Regulation 635-5 (Personnel Separations) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states that item 8a (Last Duty Assignment and Major Command) will list the soldier’s last unit of assignment, major command and the corresponding two character assignment code in accordance with Army Regulation 680-29, paragraph 2-4.

18. Army Regulation 635-5, in pertinent part, directs that foreign service performed during the period covered by the DD Form will be entered in item
12f. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket. However, for service in Southwest Asia, Department of the Army issued guidance that service in a temporary duty status in that theater would not be reported as foreign service unless for a period longer than 6 months and that Southwest Asia service would be reported in item 18 (Remarks) of the DD Form 214.

19. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.

20. Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

21. 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.

CONCLUSIONS:

1. Evidence confirms the applicant’s correct last duty assignment and major command at the time he was separated from active duty was Company A,
2nd Battalion, 12th Infantry. Therefore, the applicant is entitled to correction of item 8a (Last Duty Assignment and Major Command) on his DD Form 214 to show this assignment.

2. The applicant received the EIB; therefore, he is entitled to correction of his
DD Form 214 to show this badge.

3. The applicant’s contention that he received six awards of the AAM is supported by the evidence of record. However, one award of the AAM was revoked on 10 February 1987. Therefore, the applicant is entitled to five awards of the AAM and correction of his military records to show these awards.

4. Evidence of record shows the applicant served in Southwest Asia from
1 December 1992 through 30 April 1993. Therefore, the applicant is also entitled to award of the Southwest Asia Service Medal and the Kuwait Liberation Medal awarded by the Government of Kuwait. Also, in accordance with the governing regulation, he is entitled to correction of item 18 (Remarks) on his DD Form 214 to show these dates of service in Southwest Asia.

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 be corrected:

         a. by deleting the entry “A CO 1ST BN 12TH INFANTRY FORSCOM, FC” in item 8a (Last Duty Assignment and Major Command) on the DD Form 214 of the individual concerned;

         b. by adding the entry “A CO 2ND BN 12TH INFANTRY FORSCOM, FC” in item 8a on his DD Form 214;

         c. by deleting the entry “ARMY ACHIEVEMENT MEDAL W/2ND OAK LEAF CLUSTER” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214;

         d. by adding the entries “Expert Infantryman Badge”, “Army Achievement Medal with Fourth Oak Leaf Cluster”, “Southwest Asia Service Medal” and the Kuwait Liberation Medal awarded by the Government of Kuwait” in item 13 on the DD Form 214; and

         e. by adding the entry “Southwest Asia service: 921201-930430” in item 18 (Remarks) on the DD Form 214.

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

BOARD VOTE:

WTM___ AAO____ CLG_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Walter T. Morrison
                  CHAIRPERSON

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INDEX

CASE ID	AR2001059751
SUFFIX
RECON
DATE BOARDED	20011101
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0112
2.	107.0025
3.	107.0074
4.	107.0089
5.	100.0000
6.