PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2002067716


         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. Lee Cates		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Donald P. Hupman, Jr.		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 that his records be corrected to show entitlement to award of the Army Commendation Medal (ARCOM) and the Army Achievement Medal (AAM) for service in Desert Storm, completion of the Instruction/Operator Training Course (Exportable) during the period 13 to 17 July 1987, completion of the Bradley Infantry Fighting Vehicle (BFV) Gunner Course on 26 June 1987, and the BFV Master Gunner Course completed on 25 May 1989.

3. The applicant states that he is considering enlistment into the Army Reserve/National Guard and that the omission of service in Desert Storm will deny him access to benefits associated with his wartime service. He provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 11 June 1991; Orders 1-12, 3D Infantry Division (3ID), dated 17 January 1991, directing the applicant’s temporary duty (TDY) from his permanent unit, the 15^th Infantry, in support of Operation Desert Storm; Orders 045-C-3, 3D Personnel Group (Saudi Arabia), dated 14 February 1991, directing his reassignment to 194^th Regulating Replacement Detachment (Dhahran, Saudi Arabia), effective 14 February 1991; Orders 35-6, 7^th Personnel Group, dated
10 March 1991, directing reassignment back to the 15^th Infantry, effective
10 March 1991; Permanent Orders 102-37, 1^st Cavalry Division (1CD), dated
15 July 1988, announcing award of the ARCOM for the period 4 November 1984 to 23 April 1988; Permanent Orders 17-30, 1CD, dated 25 February 1986, announcing award of the AAM for the period 6 December to 10 December 1985; Permanent Orders 54-20, 1CD, dated 10 July 1986, announcing award of the AAM (1^st Oak Leaf Cluster (OLC)), for the period 24 March 1985 to 1 March 1986; Permanent Orders 104-31, 3ID, dated 16 November 1989, announcing award of the AAM for the period 20 August to 11 September 1989; Order 94-1, 15^th Infantry, dated 19 January 1991, announcing award of the AAM (4^th OLC), sic, for the period July 1988 to 20 December 1991; a Certificate of Training for the Instructor/Operator Training Course, completed during the period 13 to 17 July 1987; a diploma for completion of the M2/M3 Unit-Conduct of Fire Trainer Senior Instructor/Operator Course on 8 June 1989; a diploma for completion of the BFV Gunner course on 26 June 1987; and a diploma for completion of the BFV Master Gunner Course on 25 May 1989. The foregoing documents are not filed in the applicant’s records.

4. The applicant’s military records show that on 1 March 1984, he enlisted in the Army Reserve Delayed Enlistment Program. On 23 March 1984, he enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).






5. Permanent Orders 17-30, 1CD, dated 25 February 1986, announced award of the AAM for meritorious achievement for the period 6 December to
10 December 1985.

6. Permanent Orders 54-20, 1CD, dated 10 July 1986, announced award of the AAM (1^st OLC) for meritorious achievement for the period 24 March 1985 to
1 March 1986.

7. On 23 October 1986, he was promoted to sergeant (SGT), pay grade E-5.

8. On 15 January 1987, he reenlisted for training in MOS 11M (BFV Infantryman).

9. On 25 November 1988, he was promoted to staff sergeant (SSG) pay grade E-6.

10. During the period 5 July 1988 to 17 April 1991, he was assigned to the 15^th Infantry in Germany.

11. Orders 102-37, 1CD, dated 15 July 1988, announced award of the ARCOM for meritorious service for the period 4 November 1984 to 23 April 1988.

12. He was awarded the AAM for meritorious achievement for the period
20 August to 11 September 1989. An OLC was not shown.

13. On 28 February 1990, he received nonjudicial punishment under Article 15, Uniform Code of Military Justice for drunken or reckless driving. His punishment was a reduction from SSG to SGT.

14. Orders 1-12, 3ID, dated 17 January 1991 ordered the applicant to proceed to Saudi Arabia (Southwest Asia (SWA)) on temporary duty (TDY) in support of Operation Desert Storm on 13 February 1991.

15. Orders 35-6, 7^th Personnel Group (Saudi Arabia), dated 10 March 1991 ordered the applicant to return to his parent unit on 10 March 1991.

16. He was awarded the AAM, 4th OLC, sic, for meritorious service for the period July 1988 to December 1991.







17. On 11 June 1991, he was honorably discharged, as a SGT, pay grade E-5, under Army Regulation 635-200, chapter 4, based on the expiration of his term of
service (ETS). His DD Form 214 indicates he had 7 years, 2 months and
19 days of creditable service. He was retained for 93 days past his normal ETS as essential to national security. His DD Form 214 shows he was awarded the Army Service Ribbon, the AAM (2^nd OLC)(sic), the Good Conduct Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the National Defense Service Medal, and the Overseas Service Ribbon. He was also credited with 2 years, 9 months and 13 days of Foreign Service.

18. 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). To be eligible, a service member must meet one or more of the following criteria: (1) Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations, (2) Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations. (3) Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated, or (4) Be serving on TDY for 30 consecutive days or 60 nonconsecutive days.

19. Army Regulation 635-5 (Separation Documents) indicates, in pertinent part, that MOS will specify only the first 5 characters of the primary MOS (the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.) Additionally, overseas service in a TDY status is not annotated on the DD Form 214.

20. Army Regulation 635-5 also indicates that, under Military Education, only formal in-service training courses successfully completed during the period of service covered by the DD Form 214 will be listed. Additionally, this information is to assist the soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

21. Current policy provides for showing SWA service in the Remarks Section of the appropriate DD Form 214.





22. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that Oak Leaf Clusters are issued to denote the second and succeeding awards of decorations.

CONCLUSIONS:

1. The evidence of record clearly shows his entitlement to award of the ARCOM for meritorious service for the period 4 November 1984 to 23 April 1988 and his record should be corrected accordingly.

2. The applicant was deployed to Saudi Arabia in support of Desert Storm; however, he did not have sufficient time in country to merit award of the Southwest Asia Service Medal. He served there for less than 30 days.

3. In accordance with the applicable regulation, there is no error or injustice in the amount of overseas service as shown on his DD Form 214. While there is no specific authorization to include periods of TDY, his TDY service is included in his foreign service listed on the DD Form 214, and his SWA service may also be shown in the Remarks Section.

4. The evidence of record shows he has been awarded the AAM on 4 occasions, i.e., AAM w/3^rd OLC, one of which covered his 27-day deployment to Saudi Arabia.

5. The Board also concludes that the documents submitted by the applicant in support of his request should be made part of his military records.

6. Combat skills, such as those the applicant is requesting be added to his DD Form 214, are not authorized; therefore, there is no error or injustice.

7. 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 showing the individual concerned was awarded the ARCOM for meritorious service for the period 4 November 1984 to 23 April 1988 and the AAM with 3^rd OLC.

         b. by showing on his DD Form 214 (Remarks) his service in SWA as 13 February to 10 March 1991.

         c. by incorporating the documents submitted by the applicant into his records.

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

BOARD VOTE:

_cla____ _bje____ _dph____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Celia L. Adolphi
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067716
SUFFIX
RECON
DATE BOARDED	20020613
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107
2.
3.
4.
5.
6.