PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 June 2003
         DOCKET NUMBER: AR2003083450


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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 report of separation (DD Form 214) be corrected to reflect his awards of the Good Conduct Medal (GCMDL), the Army Commendation Medal (ARCOM), the Kuwait Liberation Medal (KULM), the Southwest Asia Service Medal (SWASM), the National Defense Service Medal (NDSM), the Valorous Unit Award (VUA) and his Certificates of Achievement and Commendation.

3. The applicant states, in effect, that he served his country during the Gulf War with 2^nd Troop, 2^nd Armored Cavalry Regiment (ACR) and separated in Germany. At the time of his separation, his DD Form 214 omitted his service in Southwest Asia and his awards. In support of his application he submits copies of his orders for awards of the ARCOM, GCMDL and VUA. He also submits copies of his Certificates of Achievement and Commendation.

4. The applicant’s military records, though somewhat incomplete, show that he enlisted in Montgomery, Alabama, on 14 June 1989, for a period of 3 years and training as a food service specialist. He completed his training and was transferred to Germany in November 1989, for a 24-month tour. He was assigned to Headquarters and Headquarters Troop, 2^nd Squadron, 2^nd ACR. He was advanced to the pay grade of E-4 on 10 December 1990.

5. He continued to serve until he was honorably released from active duty (REFRAD) in Germany on 15 April 1992. He had served 2 years, 10 months and 23 days of total active service. The DD Form 214 issued to him at the time of separation indicates that he served 2 years, 5 months and 6 days of total active service and was awarded the Army Service Ribbon and two awards of the Army Achievement Medal. He had served 2 years, 5 months and 6 days of foreign service.

6. Information obtained from Defense Finance and Accounting Service (DFAS) records show that the applicant was authorized imminent danger pay from 1 January 1991 through April 1991. Imminent danger pay is paid in monthly increments.

7. The documents provided by the applicant include a Department of the Army Form 638 (Recommendation for award of the Meritorious Service Medal and below) showing that the applicant was awarded the ARCOM for achievement as a cook's helper in Operation Desert Storm during the period of 4 December 1990 through 1 March 1991, by order number 3-433. He also submits a copy of Permanent orders Number 44-7, awarding his unit the VUA for the period of 23 February through 26 February 1991 and a copy of Permanent Orders Number 55-08, awarding him the GCMDL. The Certificates of Achievement and Commendation were both issued for his meritorious service in Southwest Asia during Operation Desert Storm.
8. Army Regulation 600-8-22 provides the criteria for award of the National Defense Service Medal (NDSM). It provides, in pertinent part, that the NDSM is awarded for honorable active service for the period of 2 August 1990 to 30 November 1995. It also provides that the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) is authorized to military personnel who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. Additionally, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) is authorized to military personnel who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

9. That regulation also provides, in pertinent part, that the Southwest Asia Service Medal (SWASM) was established 12 March 1991 by Executive Order 12754 from President George Bush and is awarded to any member of the Armed Forces for service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm. The wearing of as many as three service stars is authorized. One during the period of 2 August 1990 to 16 January 1991, a second one for the period of 17 January to 11 April 1992 and a third one for the period of 12 April 1992 to 30 November 1995.

10. Army Regulation 600-8-22 also provides the criteria for award of the Overseas Service Ribbon (OSR). It provides, in pertinent part, that the OSR is awarded for successful completion of overseas tours. Soldiers must be credited with a normal tour completion in order to be awarded the OSR.

11. Information received from the Center for Military History indicates that the 2^nd ACR began deployment from Germany to SWA on 12 November 1990 and returned to Germany in April 1991.

12. Army Regulation 600-8-104 provides the policies and procedures governing the preparation and maintenance of personnel records. It provides, in pertinent part, that all decorations, service medals, service ribbons, badges, oak leaf clusters, numerical devices, overseas service bars, and citations (including unit citations) will be entered on the individual service record. Letters of commendation and certificates of achievement will not be recorded. Such letters and certificates are authorized for filing in the Official Military Personnel File (OMPF); however, entries are not authorized on the personnel qualification records to denote their presence in the OMPF.

CONCLUSIONS:

1. Although the available records do not show definitive dates for his service in SWA, the applicant received an award of the ARCOM for meritorious service in SWA during the period of 4 December 1990 through 1 March 1991. Accordingly, in the absence of evidence to the contrary, it is reasonable to believe that those are the dates he was deployed to SWA in support of Operation Desert Shield/Storm and his records should be corrected to reflect those dates.

2. The Board finds that he has provided sufficient evidence to show that he was awarded the ARCOM, the GCMDL and the VUA.

3. The evidence of record also establishes that he entitled to awards of the NDSM, the KLM-K, the KLM-SA, the SWASM with two bronze service stars and the OSR. Therefore, it would be in the interest to award them those awards at this time and to correct his records accordingly.

4. However, the applicable regulation specifically states that entries are not authorized for certificates or letters. Therefore, there is no basis to reflect them on his DD Form 214.

5. 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 that the individual concerned was awarded the ARCOM, the GCMDL and the VUA; and

b. by awarding him the NDSM, the KLM-K, the KLM-SA, the SWASM with two bronze service stars and the OSR.

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

BOARD VOTE:

__tbr ___ __kh____ __ao____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann Langston_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003083450
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/06/05
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 189	110.0000/CORR 214
2. 66	107.0020/ARCOM
3. 79	107.0033/VUA
4. 102	107.0056/GCMDL
5. 135	107.0089/KLM-K
6. 146	107.0100/KLM-SA