PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 September 2002
         DOCKET NUMBER: AR2002073026


         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. Arthur A. Omartian		Chairperson
Mr. Donald P. Hupman		Member
Mr. Kenneth W. Lapin		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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Expert Infantryman Badge (EIB) and completion of the Reserve Officers’ Training Corps (ROTC) Advanced Camp, the German Language Orientation Program and the Combat Lifesaver Course. He also requests that the Kuwait Liberation Medal and the Southwest Asia Service Medal with three bronze service stars be removed from his DD Form 214.

3. The applicant states, in effect, that he completed and passed the EIB test and received the Expert Infantryman Badge on 4 June 1993. He contends that he completed the ROTC Advanced Camp, the German Language Orientation Program and the Combat Lifesaver Course. He also states that he did not go to Southwest Asia for Desert Shield/Desert Storm. In support of his application, he submits a copy of his DD Form 214; orders for the EIB; a Certificate of Training for the German Language Orientation Program; a Certificate of Achievement for exemplary service at ROTC Advanced Camp; his Educational Development Record; and a correspondence course completion notice for the Combat Lifesaver Course.

4. The applicant’s military records show that he enlisted on 8 September 1989, served as a fighting vehicle infantryman and was honorably released from active duty on 7 September 1993.

5. The applicant’s DD Form 214 does not show the EIB as an authorized award. Item 14 (Military Education) on his DD Form 214 shows the entry, “NONE//NOTHING FOLLOWS.”

6. 24th Infantry Division (M) and Fort Stewart Permanent Orders 93-49, dated
4 June 1993, show the applicant was awarded the EIB.

7. The applicant provided a Certificate of Achievement, dated 13 July 1992, in recognition of exemplary service at ROTC Advanced Camp.

8. The applicant provided a Certificate of Training for successful completion of the German Language Orientation Program from 12 March to 22 March 1990.

9. The applicant also provided a correspondence course completion notice for the Combat Lifesaver Course dated 1990.

10. The applicant’s DD Form 214 shows the Kuwait Liberation Medal and the Southwest Asia Service Medal as authorized awards. However, there is no evidence in the applicant’s service personnel records which shows he served in Southwest Asia in support of Operation Desert Shield/Desert Storm.

11. The applicant’s name does not appear on the Defense Manpower Desert Shield/Desert Storm Data Base.

12. Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

13. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that item 14 (Military Education) will list formal in service training courses
of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

14. 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.

15. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

16. 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.

17. 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. 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).

CONCLUSIONS:

1. The applicant received the EIB on 4 June 1993; therefore, he is entitled to correction of his DD Form 214 to show this badge.

2. The applicant provided a Certificate of Achievement in recognition of exemplary service at ROTC Advanced Camp. However, in accordance with the governing regulation, certificates of achievement are not recorded on the DD Form 214.

3. Evidence of record shows the applicant completed the German Language Orientation Program in 1990. Therefore, he is entitled to correction of item
14 (Military Education) on his DD Form 214 to show this course.

4. Evidence of record shows the applicant completed the Combat Lifesaver Course, a correspondence course, in 1990. However, in accordance with the governing regulation, only formal in service training courses will be shown in item 14 (Military Education) on the DD Form 214. Therefore, there is no basis for granting the applicant’s request to show this correspondence course on his DD Form 214.

5. The applicant’s request to remove the Kuwait Liberation Medal and the Southwest Asia Service Medal with three bronze service stars from his DD Form 214 is supported by the evidence of record. There is no evidence of record which shows that the applicant served in Southwest Asia in support of Operation Desert Shield/Desert Storm. Therefore, the applicant is not entitled to award of the Kuwait Liberation Medal or the Southwest Asia Service Medal with three bronze service stars and these medals should be removed from his discharge document.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

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

         a. by adding the entry, “Expert Infantryman Badge” in item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned;

         b. by deleting the entry, “NONE//NOTHING FOLLOWS” in item
14 (Military Education) on his DD Form 214;

         c. by adding the entry, “GERMAN LANGUAGE ORIENTATION PROGRAM, 2 WEEKS, MARCH 1990//NOTHING FOLLOWS” in item 14 (Military Education) on his DD Form 214; and

         d. by deleting the entries, “KUWAIT LIBERATION MEDAL” and “SOUTHWEST ASIA SERVICE MEDAL WITH 3 BRONZE SERVICE STARS” in item 13 on his DD Form 214.

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

BOARD VOTE:

AAO___ DPH____ KWL_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073026
SUFFIX
RECON
DATE BOARDED	20020924
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0112
2.	100.0700
3.	134.0000
4.	107.0000
5.
6.