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ARMY | BCMR | CY2002 | 2002078246C070215
Original file (2002078246C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 March 2003
         DOCKET NUMBER: AR2002078246


         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. Samuel A. Crumpler Chairperson
Mr. Ted S. Kanamine Member
Ms. Shirley Powell 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, award of the Southwest Asia Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. He also requests that his dates of service in Southwest Asia be shown on his DD Form 214 (Certificate of Release of Discharge from Active Duty).

3. The applicant states, in effect, that he served in Saudi Arabia during the Gulf War. In support of his application, he submits page one of his DA Form 2-1 (Personnel Qualification Record); DD Form 4/1 (Enlistment/Reenlistment Document), dated 6 May 1991; a letter, dated 27 August 2002; Leave and Earnings Statements (LES) for the period 1 January 1991 through 30 June 1991; and a letter, dated 21 August 2002, from the Defense Finance and Accounting Service.

4. The applicant’s military records show that he enlisted on 8 January 1988, served as a respiratory specialist and was honorably discharged on
13 November 1996.

5. The applicant's DD Form 214 does not show any Southwest Asia medals as authorized awards. His DD Form 214 does not show any dates of service in
Southwest Asia.

6. The applicant's LES for the period covering 1-28 February 1991 shows that he was authorized danger pay on 1 January 1991 for service in Saudi Arabia.

7. The applicant's LES for the period covering 1-30 June 1991 shows that his oversea pay was stopped effective 22 May 1991.

8. 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 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).

9. The Kuwait Liberation Medal awarded by the Kingdom of 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.

10. The Kuwait Liberation Medal awarded by the Government of Kuwait 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.

11. 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 authorized danger pay on
1 January 1991 for service in Saudi Arabia.

2. Evidence of record also shows that his oversea pay was stopped effective
22 May 1991.

3. Based on the foregoing, the Board determined that the applicant is entitled to award of the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his DD Form 214 to show that he served in Southwest Asia from 1 January 1991 through 22 May 1991 in item 18 (Remarks).

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 by:

         a. awarding the individual concerned the Southwest Asia Medal with three 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; and




b. by adding the entry, "SWA Service: 910101-910522" in item
18 (Remarks) on the DD Form 214 of the individual concerned.

BOARD VOTE:

SAC___ TSK_____ SP______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler__
                  CHAIRPERSON




INDEX

CASE ID AR2002078246
SUFFIX
RECON
DATE BOARDED 20030311
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0074
2. 107.0089
3. 100.0000
4.
5.
6.


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