IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100015562 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 August 2009 to accurately show his total prior active service and to show the award of the Global War on Terrorism Expeditionary Medal and the Kuwait Liberation Medal (Saudi Arabia).

2.  The applicant states, in effect, his total prior active service was not added correctly in item 12d (Total Prior Active Service) of his 7 August 2009 DD Form 214.  He was mobilized in support of Operation Desert Storm from 14 January 1991 until 27 April 1991, which is in the time period of 17 January 1991 and 28 February 1991for which these medals were awarded.

3.  The applicant provides five DD Forms 214 and five sets of orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant requests correction of his DD Form 214, dated 7 August 2009, to show his prior active service.  He has not exhausted his administrative remedies and he was notified by separate correspondence to submit his request to the Commander, U.S. Army Human Resources Command, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY, 40122-5100 for correction of this form.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

2.  The applicant's records show he enlisted in the Puerto Rico Army National Guard (PRARNG) on 6 November 1995 and he held military occupational specialty 91A (Medical Specialist).

3.  His records show he was ordered to active duty as part of his ARNG unit on five different occasions.  On 21 November 1990, he was mobilized in support of Operation Desert Shield/Desert Storm.  He was honorably released from active duty (REFRAD) on 17 May 1991.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for this period shows the Army Service Ribbon, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)], Southwest Asia Service Medal, and the Army Lapel Button.

5.  Item 18 (Remarks) of this form contains the entry "Service in SWA [Southwest Asia] from 910114 to 910427."

6.  On 17 January 2002, he was again mobilized and he was honorably REFRAD on 13 October 2002.  Item 13 of the DD Form 214 for this period shows the Army Achievement Medal, Army Reserve Components Achievement Medal, National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal (2nd Award), Southwest Asia Service Medal with 1 bronze service star, Southwest Asia Service Medal (2nd Award), Armed Forces Reserve Medal with "M" Device, Army Service Ribbon, Overseas Service Ribbon, North Atlantic Treaty Organization (NATO) Medal, and the Kuwait Liberation Medal (Kuwait).

7.  Item 18 of this form includes the entry "Service in SWA 20020302 - 20020919."

8.  On 24 February 2003, he was again mobilized and he was honorably REFRAD on 23 June 2004.  Item 13 of the DD Form 214 for this period shows the Armed Forces Reserve Medal with "M" Device (2nd Award), Army Commendation Medal, Army Achievement Medal, Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal (2nd Award) Southwest Asia Service Medal with 1 bronze service star, Southwest Asia Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Army Service Ribbon, Overseas Service Ribbon, and the Kuwait Liberation Medal.

9.  Item 18 of this form includes the entry "Served in a designated imminent danger pay area (Iraq) from 20030520 to 20040520."

10.  On 2 March 2007, he was again mobilized and he was honorably REFRAD on 1 March 2008.  Item 13 of the DD Form 214 for this period shows the Army Commendation Medal, Army Achievement Medal, Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal (2nd Award), Southwest Asia Service Medal with bronze service star, Southwest Asia Service Medal (2nd Award), Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal, Army Service Ribbon, Armed Forces Reserve Medal (2nd Award), Overseas Service Ribbon, NATO Medal, and the Kuwait Liberation Medal (Kuwait).

11.  On 8 August 2008, he was again mobilized and was honorably REFRAD on 7 August 2009.  Item 13 of the DD Form 214 for this period shows the Army Commendation Medal, Army Achievement Medal, Army Reserve Components Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Armed Forces Expeditionary Medal (2nd Award), Southwest Asia Service Medal with bronze service star, Southwest Asia Service Medal (2nd Award), Global War on Terrorism Service Medal, Iraq Campaign Medal with campaign star, Army Service Ribbon, Overseas Service Ribbon, NATO Medal, Armed Forces Reserve Medal (2nd Award), and the Kuwait Liberation Medal (Kuwait).

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides the Kuwait Liberation Medal (Saudi Arabia) 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.  This regulation also provides the Kuwait Liberation Medal (Kuwait) 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.

13.  Army Regulation 600-8-22 states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  No more than one medal will be awarded to any one service member.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)


14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. In item 13 list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Forms 214 for the period ending 23 June 2004 and
1 March 2008 show the award of the Global War on Terrorism Expeditionary Medal.  It appears it was inadvertently omitted from his DD Form 214 for the period ending 7 August 2009.  Therefore, he is entitled to correction of this DD Form 214 to show this award.

2.  With respect to the Kuwait Liberation Medal (Saudi Arabia), he served in SWA during a qualifying period for this award.  Therefore he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he was awarded the Southwest Asia Service with one bronze service star.  He also participated in three campaigns while serving in Southwest Asia.  Therefore, he is entitled to two additional bronze service stars for wear on his already-awarded Southwest Asia Service Medal and correction of his DD Form 214 for the period ending 7 August 2009 to show the additional bronze service stars.

4.  The applicant's DD Form 214 for the period ending 13 October 2002 shows he was awarded the Southwest Asia Service Medal (2nd Award).  By regulation a Soldier is only entitled to one award of this medal.  It appears this entry was erroneously annotated on his DD Form 214 for the period ending 13 October 2002 and carried forward on his subsequent DD Forms 214.  However, it has long been an unwritten policy of this Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to affect the administrative correction to delete the "Southwest Asia Service Medal (2nd Award) from his DD Form 214 for the period ending 7 August 20009.  The applicant is advised submit a separate application to this Board if he desires correction of his DD Form 214 to administratively remove this erroneous entry.


BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of his DD Form 214 for the period ending 7 August 2009 the Southwest Asia Service Medal with one bronze service star; and

	b.  adding to item 13 of his DD Form 214 for the period ending 7 August 2009 the Kuwait Liberation Medal (Saudi Arabia), Global War on Terrorism Expeditionary Medal, and the Southwest Asia Service Medal with three bronze service stars.



      ___________X___________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100015562



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ABCMR Record of Proceedings (cont)                                         AR20100015562



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