PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            11 August 1999                  
	DOCKET NUMBER:   AR1999018861

	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. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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 correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show his dates of service in Southwest Asia, Southwest Asia medals and the Good Conduct Medal.

3.  The applicant states that these items were not listed on his DD Form 214.

4.  The applicant’s military records show that he enlisted on 25 October 1990 and trained as a signal support systems specialist.  On 28 December 1994 he was separated with an honorable discharge under the provisions of Army Regulation 635-200, chapter 6, for parenthood.   

5.  The applicant’s DD Form 214 does not reflect Southwest Asia service, Southwest Asia medals or the Good Conduct Medal.

6.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 February 1992 through 31 July 1992.

7.  There is no evidence in the applicant’s personnel records that he was considered for the first award of the Good Conduct Medal.  There also is no evidence of record that his chain of command took any action to disqualify him from receiving the Good Conduct Medal.  There is no indication of indiscipline or other adverse action in the applicant’s records.    

8.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 
18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  Department of the Army issued guidance to report service in Southwest Asia in item 18 (Remarks) of the DD Form 214.

9.  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.

10.  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).

11.  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.

12.  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.

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  The applicant served in Southwest Asia from 1 February 1992 through
31 July 1992.  Therefore he is entitled to correction of his DD Form 214 to show his dates of service in Southwest Asia and award of the SWASM with one bronze service star and the KLM-K.

2.  The applicant is not entitled to award of the KLM-SA because he did not participate in the Persian Gulf War between 17 January 1991 and 28 February 1991.

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three-year period of qualifying Federal military service (active duty from 25 October 1990 through 24 October 1993).  Therefore, he is entitled to correction of his DD Form 214 to show this award.   

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 
	a.  by showing in item 18 (Remarks) the entry “SWA SERVICE: 1FEB92-31JUL92” of the DD Form 214 of the individual concerned; and

	b.  by showing that the individual concerned was awarded the SWASM with one bronze service star, the KLM-K and the first award of the Good Conduct Medal for the period of 25 October 1990 through 24 October 1993.	

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

BOARD VOTE:  

JHK____  WTM_____  JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John H. Kern__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018861	
SUFFIX		
RECON		
DATE BOARDED	19990811	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19941228	
DISCHARGE AUTHORITY	AR 635-200 Chapter 6	
DISCHARGE REASON	Parenthood	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0074	
2.	107.0089	
3.	107.0056	
4.		
5.		
6.