Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001060868C070421
Original file (2001060868C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2001060868


         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. John P. Infante Member
Ms. Regan K. Smith 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.


2. The applicant requests in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his possible promotion and assignment to Fort Hood, Texas and participation in the Gulf War.

3. The applicant states in effect, that his DD Form 214 does not reflect his possible or missed promotion and assignment to Fort Hood and participation in the Gulf War.

4. The applicant’s military records show that he was retired for length of service on 31 October 1992, at the rank of staff sergeant.

5. His DD Form 214 reflects that he received the following awards for his service in Southwest Asia: the Southwest Asia Service Medal with 3 bronze service stars, the Kuwait Liberation Medal (KLM-Saudi Arabia) awarded by the Kingdom of Saudi Arabia. His DD Form 214 does not show award of the Kuwait Liberation Medal (KLM-Kuwait) awarded by the Government of Kuwait.

6. 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. This database shows that the applicant served in Southwest Asia (SWA) from 1 October 1990 to 16 April 1991.

7. There are no documents in his records that indicate a promotion beyond staff sergeant.

8. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it 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.







9. 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.

10. The KLM-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.

CONCLUSIONS:

1. The entry “Kuwait Liberation Medal” currently reflected on the applicant’s DD Form 214 is the award given by the Kingdom of Saudi Arabia, as the KLM-Kuwait was not approved until 9 November 1995, several years after the applicant’s DD Form 214 was prepared. He is entitled to award of the KLM-Kuwait and to have it reflected on his DD Form 214.

2. Based on the applicant’s service in Southwest Asia in support of Operation Desert Storm, he is entitled to correction of item 18 (Remarks) of his DD Form 214 with a separation date of 31 October 1992 to show his service in Southwest Asia by adding the entry “SWA SERVICE: 1 October 1990 to 16 April 1991” on his DD Form 214.

3. His assignment to Fort Hood was not foreign service. Therefore, in accordance with the pertinent regulation in effect at the time, the exact dates he was assigned to Fort Hood will not be reflected on his DD Form 214.

4. There is no evidence, nor does the applicant provide any evidence or information concerning a promotion. Therefore, no action will be taken regarding this matter.

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 by:

         a. deleting the entry “Kuwait Liberation Medal” currently listed in item 18 (Remarks) of his DD Form 214 with a separation date of 31 October 1992;

         b. showing that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia;

c. showing that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Government of Kuwait; and

         d. amending item 18 (Remarks) of his DD Form 214 to show the entry “SWA SERVICE: 1 October 1990 – 16 April 1991.”

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

BOARD VOTE:

__rks ___ ___rvo___ ____jpi _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Raymond V. O'Connor, Jr._____
                  CHAIRPERSON




INDEX

CASE ID AR2001060868
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020307
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003083774C070212

    Original file (2003083774C070212.rtf) Auto-classification: Approved

    The applicant's DD Form 214 does not show his dates of service in Southwest Asia. His DD Form 214 does not show the Southwest Asia Service Medal as an authorized award. Therefore, the applicant's DD Form 214 should be corrected to show these awards.

  • ARMY | BCMR | CY2002 | 2002071163C070402

    Original file (2002071163C070402.rtf) Auto-classification: Approved

    The applicant states that her DD Form 214 does not show her dates of service in Southwest Asia from 11 January 1991 through 20 February 1991. Army Regulation 600-8-22 (Military Awards) 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. Therefore, it would be appropriate to correct the applicant’s...

  • ARMY | BCMR | CY2014 | 20140005029

    Original file (20140005029.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Southwest Asia Service Medal (SWASM) and any awards and decorations to which he may be entitled for his service in SWA. Therefore, his DD Form 214 should be corrected to show these awards. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in SWA.

  • ARMY | BCMR | CY2009 | 20090008812

    Original file (20090008812.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf during Operations Desert Shield/Desert Storm and to show the service medals for this foreign service. The applicant provides no additional documents in support of his application. This information is accepted as sufficient evidence as a basis to amend item 18 of his DD Form 214 to show the entry: "SERVICE IN SWA FROM 19910202-19910503."

  • ARMY | BCMR | CY2010 | 20100007393

    Original file (20100007393.txt) Auto-classification: Approved

    Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWA Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. Therefore, information contained in the Desert Shield/Storm Data Base appears to be correct and is sufficient evidence to correct his records to show his service in SWA from 1 October 1990 to 15 May 1991 (7 months and 15 days). As...

  • ARMY | BCMR | CY2010 | 20100008460

    Original file (20100008460.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf region during Operation Desert Storm and awards earned as a result of this service. _______ _ 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...

  • ARMY | BCMR | CY2011 | 20110011156

    Original file (20110011156.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal, Southwest Asia Service Medal with two bronze service stars, and Kuwait Liberation Medal. He provided a DA Form 638-1, dated 8 April 1991, which shows he was awarded the Army Commendation Medal for meritorious service from 6 January to 1 May 1991 by Headquarters, 11th Signal Brigade, Permanent Order Number 29-99, dated 19 April 1991. ...

  • ARMY | BCMR | CY1995 | 9510507C070209

    Original file (9510507C070209.TXT) Auto-classification: Approved

    The applicant requests correction of his military records to reflect service in Southwest Asia and associated service medals. The evidence of record confirms the applicant serviced in Southwest Asia from September 1990 through April 1991 and as such is entitled to the Southwest Asia Service Medal with three bronze service stars, and the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the Government of Kuwait. That all of the Department of the Army records related to...

  • ARMY | BCMR | CY2001 | 2001062804C070421

    Original file (2001062804C070421.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show award of the “MILITARY ARMY COMBAT ARTILLERY BADGE.” In the absence of evidence of record or other authority showing the “Combat Artillery Badge” is an authorized award, the applicant is not entitled to correction of his records to show award of the “Combat Artillery Badge”. Based on the applicant’s service in support of Operations Desert Shield and Desert Storm, he is entitled to award of the Kuwait Liberation Medal awarded by the...

  • ARMY | BCMR | CY2011 | 20110021709

    Original file (20110021709.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm, as well as any awards or service medals he may be entitled to for that service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The applicant’s request for correction of his DD Form 214 to show his service in...