PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           22 July 1999     
	DOCKET NUMBER:   AR1999015864

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		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, correction of her DD Form 214 (Certificate of Release of Discharge from Active Duty) with an effective date of 25 February 1991 to show Southwest Asia medals.  She also requests that her rank and pay grade be corrected to show specialist/E-4 instead of private/E-1.  In a letter of explanation attached to her application, she requests a copy of her last promotion orders and a copy of the drills she attended provided they are in her records.  (Analyst’s Note: The applicant has been provided a copy of her promotion orders as requested.  There are no records in the applicant’s service personnel file which pertain to drill attendance for the period of April to August 1991; therefore, this subject is not addressed further in this proceeding.)    

3.  The applicant states, in effect, that she is entitled to these awards for her participation in the Gulf War.   

4.  The applicant’s military records show that she enlisted in the Army Reserve on 27 January 1986 for a period of 8 years.  She was ordered to active duty for training on 21 August 1986, was released on 10 December 1986 and returned to the Army Reserve to complete her obligation.  On 21 November 1990, the applicant was ordered to active duty in support of Desert Shield/Desert Storm.  She served in Southwest Asia from 1 January 1991 to 31 January 1991 and was honorably discharged from active duty on 25 February 1991 under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy.  She served in the 146th Supply Company, Fort Totten, New York, from April 1991 until she was transferred to the USAR Control Group (Reinforcement) on 10 April 1992.  On
1 February 1994 she was honorably discharged from the Army Reserve.  

5.  The applicant’s DD Form 214 with an effective date of 25 February 1991 does not show any Southwest Asia medals as authorized awards.

6.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 January 1991 through 31 January 1991.

7.  The applicant’s DD Form 214 with an effective date of 25 February 1991 shows her pay grade as E-1.  Her leave and earnings statements from November 1989 to December 1991 show her pay grade as E-3.  DA Form 4187 (Personnel Action), dated 19 November 1989, shows the applicant was advanced to specialist/E-4 effective 19 November 1989.  Item 18 (Appointments and Reductions) on the applicant’s DA Form 2-1 (Personnel Qualification Record) indicates the applicant was promoted to specialist/E-4 on 19 November 1989 and does not indicate that she was ever reduced from pay grade E-4.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) 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 January 1991 through
31 January 1991.  Therefore, she is entitled to correction of her DD Form 214 to show award of the SWASM with two bronze service stars, the KLM-SA and the KLM-K.
 
2.  Evidence of record shows the applicant was advanced to specialist/E-4 effective 19 November 1989.  Therefore, she is entitled to correction of her military records to show pay grade E-4 and all back pay and allowances from
19 November 1989.  

3.  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 SWASM, the KLM-SA, and the KLM-K; and

b.  by showing “E4” in item 4 (Pay Grade) of the DD Form 214 with an effective date of 25 February 1991.

2.  That her pay records be audited to determine entitlement to back pay and allowances based on advancement to pay grade E-4 effective 19 November 1989 and that she be paid all back pay and allowances due to her, if any.

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

BOARD VOTE:  

CMF____  TNK_____  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999015864	
SUFFIX		
RECON		
DATE BOARDED	19990722	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910225	
DISCHARGE AUTHORITY	AR 635-200 Chapter 8	
DISCHARGE REASON	Pregnancy	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0074	
2.	107.0100	
3.	112.0200	
4.		
5.		
6.