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ARMY | BCMR | CY2003 | 2003083774C070212
Original file (2003083774C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2003083774


         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. John N. Slone Chairperson
Mr. Ronald E. Blakely Member
Mr. Lawrence Foster 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Southwest Asia. He also requests, in effect, award of the Southwest Asia Service Medal.

3. The applicant states that he would like his DD Form 214 to reflect his service in the Persian Gulf and award of the Southwest Asia Service Medal. In support of his application, he submits a letter, dated 19 November 2002, from the Department of Defense, Public Affairs; and Center for Unit Records information.

4. The applicant’s military records show that he enlisted on 29 August 1989, served as a food specialist and was honorably discharged on 17 June 1992.

5. The applicant's DD Form 214 does not show his dates of service in Southwest Asia. His DD Form 214 does not show the Southwest Asia Service Medal as an authorized award.

6. The Defense Manpower Data Center shows the applicant served in Southwest Asia from 1 October 1990 through 25 March 1991.

7. 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.

8. 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.

9. 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).

10. 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.

11. 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.

CONCLUSIONS:

1. The applicant served in Southwest Asia from 1 October 1990 through
25 March 1991. Therefore, the applicant is entitled to correction of item
18 (Remarks) on his DD Form 214 to show his dates of service in Southwest Asia.

2. Based on the applicant's service in Southwest Asia, he is entitled to 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. Therefore, the applicant's DD Form 214 should be corrected to show these awards.

3. 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:

a. by adding the entry, "SWA SERVICE: 901001-910325" in item
18 (Remarks) on the DD Form 214 of the individual concerned; and

b. by showing that the individual concerned was awarded 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.

BOARD VOTE:

JNS____ REB_____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _John N. Slone_________
                  CHAIRPERSON




INDEX

CASE ID AR2003083774
SUFFIX
RECON
DATE BOARDED 20030225
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0074
2. 107.0089
3.
4.
5.
6.


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