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ARMY | BCMR | CY2004 | 20040011229C070208
Original file (20040011229C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 September 2005
      DOCKET NUMBER:  AR20040011229


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Mr. Patrick H. McGann             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 12f (Foreign Service) of
his separation document (DD Form 214) be corrected to show his overseas
service.

2.  The applicant states, in effect, that his DD Form 214 should be
corrected to reflect his Southwest Asia service performed in Saudi Arabia,
Kuwait, Iraq and his service performed in Operation Uphold Democracy in
Haiti.

3.  The applicant provides a copy of his Officer Record Brief (ORB) in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he served on active duty in an
enlisted status for 1 year, 8 months and 20 days between 20 June 1968 and 9
March 1970.  On 14 November 1973, he reentered active duty in a
commissioned officer status, and he attained the rank of Major General (MG)
on 1 August 1997.

3.  Section IX (Assignment Information) of the applicant’s ORB shows he
served in Germany from 1 July 1979 to 30 June 1982, and again from 13 June
1986 to 30 July 1992.  This document also shows that while assigned to
Germany, he was deployed to SWA from 27 December 1990 to 30 April 1991.  No
additional foreign service is documented on his ORB.

4.  On 31 December 2001, the applicant was honorably released from
active duty (REFRAD) for the purpose of retirement.  The separation
document (DD Form 214) he was issued at that time shows he completed
a total of 29 years, 10 months and 7 days of active military service.  Item
12f
contains the entry "0000  00  00", which indicates he completed no foreign
service  during the active duty period covered by the separation document
(14 November 1973-31 December 2001).

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows his authorized
awards included the Kuwait Liberation Medal (KLM), Southwest Asia Service
Medal (SWASM) and Overseas Service Ribbon (3rd Award).

6.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army Gulf War Roster.  This search
confirms the applicant served in SWA from 22 December 1990 through 30 April
1991.

7.  Army Regulation 635-5 prescribes the separation documents that are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It also establishes standardized
policy for preparing and distributing the DD Form 214.  Paragraph 2-
4h(12f), states in effect, to enter the total amount of foreign service
completed during the period covered by the DD Form 214.  The regulation
stipulates that the information in Item 12f will be obtained from the ORB.
Paragraph 18f(2) states the following entry will be made in Item 18
(Remarks) to document the deployments of active duty Soldiers:   " SERVICE
IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -
YYYYMMDD)".

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 2-14 contains guidance on award of the SWASM.  It
states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member was credited with participating in
while serving in SWA.  SWA campaign credit was granted as follows:  Defense
of Saudi Arabia
(2 August 1990-16 January 1991); Liberation and Defense of Kuwait
(17 January-11 April 1991); and SWA Cease Fire (12 April 1991-30 November
1995).

9.  The Kuwait Liberation Medal was granted by decree of the King of Saudi
Arabia and accepted by the Deputy Secretary of Defense on 7 October 1991.
It was awarded to members who served in support of Operation Desert Storm
between 17 January 1991 and 28 February 1991.

10.  The Government of Kuwait offered the Kuwait Liberation Medal to
members of the Armed Forces of the United States and the medal was accepted
by Secretary of Defense on 16 March 1995..  It was awarded to members who
served in support of Operation Desert Shield or Desert Storm between 2
August 1990 and 31 August 1993.

11.  The Global War on Terrorism Service Medal (GWOTSM) is authorized to be
awarded to Soldiers who have participated in or served in support of GWOT
operations outside a designated AOE on or after 11 September 2001.  Initial
award of the GWOTSM will be limited to airport security operations from
27 September 2001 through 31 May 2002, who supported operations Noble
Eagle, Enduring Freedom and Iraqi Freedom.  All Soldiers on active duty,
including Reserve Component Soldiers  mobilized and National Guard Soldiers
activated on or after 11 September 2001, having served 30 consecutive days
or 60 non-consecutive days, are authorized the GWOTSM.

DISCUSSION AND CONCLUSIONS:

1.   The applicant's contention that his separation document should be
corrected to reflect his foreign service in Southwest Asia and in Haiti has
been carefully considered.  There is sufficient evidence to support
granting a portion of the requested relief.

2.  The applicant's ORB confirms he served a total of 9 years, 1 month and
28 days from 1 July 1979 to 30 June 1982 and from 13 June 1986 to 30 July
1992.  Separation document failed to show that he completed any foreign
service. Therefore, it would be appropriate to correct Item 12f of the
applicant’s separation document to reflect this overseas service.

3.  The Operation Desert Shield/Storm Personnel Roster confirms the
applicant served in SWA from 22 December 1990 through 30 April 1991.
Therefore, it would be appropriate to add the following entry to Item 18 of
his separation document:  "SERVICE IN SOUTHWEST ASIA FROM 19901222 to
19910430”.

4.  Based on his SWA service, he is entitled to the following awards which
were either not listed, or listed incorrectly on his separation document:
SWASM with
3 bronze service stars, KLM-Saudi Arabia, and KLM-Kuwait.  In addition,
based on his active duty service after 11 September 2001, he is also
entitled to the GWOTSM.

5.  The veracity of the applicant’s contention that he served in Haiti in
support of Operation Uphold Democracy is not in question.  However, his
Official Military Personnel File (OMPF) is void of any documentary evidence
that identifies the period of his service in Haiti, and the applicant has
failed to provide any evidence that would allow for verification of this
service.  Absent any corroborating evidence, there is insufficient evidence
to add this service to his record and separation document at this time.  If
at anytime the applicant can provide any documentary evidence confirming
the period he served in Haiti, he may reapply.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JCH _  ___TEO _  __PHM__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending his 31 December 2001 DD Form 214 as
follows:

      a.  Item 12f -  delete the current entry and replace it with the entry

“09  01  28”;

      b.  Item 13 - delete Southwest Asia Service Medal (3rd Award) and
Saudi Arabian Kuwait Liberation Medal, and add Southwest Asia Service Medal
with
3 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait
Liberation Medal-Kuwait, and Global War on Terrorism Service Medal; and


      c.  Item 18 - add the entry “SERVICE IN SOUTHWEST ASIA FROM
19901222-19910430.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adding service performed in Haiti in support of Operation Uphold Democracy
to his DD Form 214.




            ____James C. Hise______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011229                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/09/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2001/12/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |120.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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