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Decision Text

ARMY | BCMR | CY2003 | 2003088058C070403
Original file (2003088058C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003088058


         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. Gerard W. Schwartz Analyst


The following members, a quorum, were present:

Ms. Gail J. Wire Chairperson
Ms. Karen A. Heinz Member
Mr. Robert Duecaster 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, that his records be corrected to show award of the Southwest Asia Service Medal (SWASM).

3. The applicant states, in effect, that he served during Desert Storm and went to Saudi Arabia. He would like to have this added to his DD Form 214 (Certificate of Release or Discharge from Active Duty)

4. The applicant’s military records show that on 29 May 1990 the applicant entered the Regular Army for a period of 4 years and 17 weeks. He completed the required training and was awarded military occupational specialty 11M (Infantryman). The applicant was separated with an honorable characterization of service on 24 September 1994 from Fort Carson, Colorado. The highest pay grade achieved was E-3.

5. The applicant's records contain a DD Form 214 covering the applicant's service from 29 May 1990 through 24 September 1994. This DD Form 214 shows no foreign service in item 12 (Record of Service) and no Southwest Asia service decorations in item13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

6. There are no orders in the applicant’s service personnel records which show that he was stationed in Saudi Arabia or involved in Desert Storm.

7. However, the applicant's name is on the compiled list of Desert Shield/Storm participants. It shows that the applicant was involved in Desert Shield/Storm between 1 September 1992 and 31 December 1992.

8. The Defense Manpower Data Center 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.

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 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 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.

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 (Foreign Service). 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. The Board considered the applicant’s request to have his DD Form 214 reflect the time he served in Saudi Arabia during Desert Storm. The Board also reviewed the available service personnel records.

2. Evidence of record (Desert Shield/Storm Data Base) shows the applicant was assigned in the Southwest Asia area of operation between 1 September 1992 and 31 December 1992. This service is within the period of eligibility for the (Cease Fire Campaign) bronze service star. Therefore, he is entitled to award of the Southwest Asia Service Medal with one bronze service star.

3. The Board noted the applicant was present in Southwest Asia area of operation during the award period of the Kuwait Liberation Medal. Therefore, he is entitled to award of the Kuwait Liberation Medal.

4. The Board also determined that the applicant's DD Form 214 should be corrected to show his service in Southwest Asia. Therefore, item 18 (Remarks) of his DD Form214 will be corrected to show the entry "SWA SERVICE: 1 SEP 92-31 DEC 92".

5. 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 awarding the individual concerned the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal. Also, item 18 (Remarks) of his DD Form214 will be corrected to show the entry "SWA SERVICE: 1 SEP 92-31 DEC 92".

BOARD VOTE:

__GJW__ __KAH__ __RD___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________GJW____________
                  CHAIRPERSON




INDEX

CASE ID AR2003088058
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0074.0000
2.
3.
4.
5.
6.


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