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ARMY | BCMR | CY2002 | 2002074838C070403
Original file (2002074838C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 September 2002
         DOCKET NUMBER: AR2002074848

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Kenneth W. Lapin Member
Mr. Donald P. Hupman Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty) read, in effect, "Operations Desert Shield/Desert Storm."

APPLICANT STATES: That the Department of Veterans Affairs (DVA) does not accept him as having served in Operations Desert Shield/Desert Storm.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant entered active duty on 15 April 1981 and served as a personnel specialist until he was honorably separated by reason of disability from active duty on 31 July 1996.

The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant served 5 years, 5 months, and 3 days of foreign service. However, there is no indication on the DD Form 214 regarding where this foreign service was performed.

Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait.

Item 18 (Remarks) of the applicant's DD Form 214 shows the entry, "SERVICE IN SOUTHWEST ASIA 19901013-19910403" [13 October 1990-3 April 1991].

The applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served in Saudi Arabia from 13 October 1990 through 3 April 1991.

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. This data base shows that the applicant served in Southwest Asia in support of Operations Desert Shield/Desert Storm from October 1990 to mid April 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. 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).

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.

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.

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.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant's request to amend his DD Form 214 to show that he served in Operations Desert Storm and Desert Shield.

2. The Board noted that the applicant's DD Form 214 currently shows that he served in Southwest Asia from 13 October 1990-3 April 1991; that he received both of the authorized Kuwait Liberation Medals and that he received the Southwest Asia Service Medal with two bronze service stars. Therefore, there is no doubt that the applicant served in support of Operations Desert Shield/Desert Storm.



3. The Army Regulation governing the preparation of the DD Form 214 provides for the entry, "Southwest Asia Service" in item 18 (Remarks) of the DD Form 214. However, there is no provision of this regulation which authorizes entries such as Operation Desert Shield and/or Operation Desert Storm on the DD Form 214.

4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy either requirement.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE :

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__KWL__ __DHP__ ___AAO__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

CASE ID AR2002074838
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020924
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY MR CHUN
ISSUES 1. 100.0000.0000
2.
3.
4.
5.
6.


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