MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            3 June 1999       
	DOCKET NUMBER:   AR1999016903

	I certify that hereinafter is recorded the record of consideration 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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Thomas B. Redfern, III		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of his military records to show award of the Kuwait Liberation Medal, the Southwest Asia Service Medal (SWASM), the Army Commendation Medal (ARCOM) and to show his overseas duty.   

APPLICANT STATES:  In effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) does not reflect these awards or his overseas duty. He also contends that he received the ARCOM at Fort Drum, New York.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 20 February 1990 for a period of 4 years.  He successfully completed training and was transferred to Fort Drum, New York, for duty as a medical specialist on 8 August 1990.  He reenlisted on 30 November 1993 for a period of 2 years and was transferred to Fort Hood, Texas, on
21 March 1994.  He was honorably separated on 31 August 1995. 

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Kuwait Liberation Medal, the SWASM, or the ARCOM as authorized awards.  The DD Form 214 does not show any foreign service. 

There is no indication in the applicant’s personnel records that he served in Southwest Asia.  The Defense Manpower Desert Shield/Desert Storm Data Base does not contain the applicant’s name.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show any Southwest Asia service.

There is no indication in the applicant’s service personnel records that he was considered or recommended for the ARCOM.

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.

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.

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 through 30 October 1995.

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.

Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, that he served in Southwest Asia.  Therefore, he is not entitled to award of the KLM-SA, the KLM-K or the SWASM.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was considered for or awarded the ARCOM.  Therefore, he is not entitled to correction of his military records to show this award.

3.  Contrary to the applicant’s contention that he served overseas from February 1981 to May 1981, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.  Therefore, the applicant is not entitled to correction to his DD Form 214 to show foreign service.  
4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO____  KAN_____  TBR____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016903	
SUFFIX		
RECON		
DATE BOARDED	19990603	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19950831	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 5	
DISCHARGE REASON	ATTEND SCHOOL	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.