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ARMY | BCMR | CY2002 | 2002066985C070402
Original file (2002066985C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2002066985


         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:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge Member
Mr. Richard T. Dunbar 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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Kuwait and any awards or decorations to which he may be entitled.

3. The applicant states that his service in Kuwait was omitted from his DD
Form 214. In support of his application, he submits a copy of his DD Form 214; a Thunder Border Certificate, dated 20 December 2000; an undated DA Form 638 (Recommendation for Award) for a second award of the Army Achievement Medal; and an award certificate for the Army Achievement Medal for the period 20 July 2000 to 2 September 2001.

4. The applicant’s military records show that he enlisted on 3 September 1998, served as a cannon fire direction specialist and was honorably discharged on
2 September 2001.

5. The applicant’s DD Form 214 does not show his dates of service in Kuwait. Item 12f (Foreign Service) shows the entry, “0000 00 00.” His DD Form 214 does show one award of the Army Achievement Medal as an authorized award.

6. The available records do not contain the applicant’s Enlisted Qualification Record or his Military Personnel Records Jacket.

7. The applicant provided a copy of a Thunder Border Certificate, dated
20 December 2000, which shows that he was deployed with Task Force Thunder, 2nd Battalion, 70th Armor Regiment, during Intrinsic Action 00-03 from 1 August 2000 to 20 December 2000 in Kuwait.

8. The applicant provided an undated DA Form 638 (Recommendation for Award) for a second award of the Army Achievement Medal for meritorious service during the period 20 July 2000 to 2 September 2001. He also provided an award certificate for the Army Achievement Medal for meritorious service during the period 20 July 2000 to 2 September 2001. This award was published by 4th Battalion, 1st Field Artillery, Permanent Order #250-15, dated
7 September 2001.

9. Review of the available records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.

10. 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 214 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.

CONCLUSIONS:

1. Evidence of record shows that the applicant was deployed to Kuwait from
1 August 2000 through 20 December 2000, for approximately five months. Therefore, in accordance with the governing regulation, the applicant is entitled to correction of item 18 (Remarks) on his DD Form 214 to show his dates of service in Kuwait.

2. The applicant’s DD Form 214 shows one award of the Army Achievement Medal as an authorized award.

3. Evidence of record shows the applicant received a second award of the Army Achievement Medal after his separation from the Army. Therefore, the applicant is entitled to correction of his DD Form 214 to show two awards of the Army Achievement Medal.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

         a. by adding the entry, “Service in Kuwait: 01AUG00-20DEC00” in item 18 (Remarks) on the DD Form 214 of the individual concerned;

         b. by deleting the entry, “ARMY ACHIEVEMENT MEDAL” in item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and








        
         c. by adding the entry, “Army Achievement Medal (2d Award)” in item
13 on his DD Form 214.

BOARD VOTE
:

MKP___ EJA_____ RTD_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2002066985
SUFFIX
RECON
DATE BOARDED 20020411
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 113.0000
2. 107.0025
3.
4.
5.
6.


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