PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            23 June 1999                  
	DOCKET NUMBER:   AR1999021121

	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:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Gary F. Geraets		Member	
	Mr. Lester Echols		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB), three awards of the Army Achievement Medal (AAM) (correctly known as the AAM with two Oak Leaf Clusters), the Southwest Asia Service Medal (SWASM), the Overseas Service Ribbon and his dates of service in Southwest Asia.  

3.  The applicant states, in effect, that he was awarded the CIB and three awards of the AAM.  He contends that he participated in Desert Shield/Desert Storm and is eligible for the SWASM and the Overseas Service Ribbon.  In support of his application, he submits a copy of orders for award of the CIB and his DA Form 2A (Personnel Qualification Record) prepared on 26 February 1996. 

4.  The applicant’s military records show that he enlisted on 30 August 1989 for a period of 4 years.  He trained as an infantryman, reenlisted on 26 May 1993 for a period of 3 years and was honorably discharged on 25 May 1996.    

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated in his own hand, does not show the CIB, any award of the AAM, the SWASM, or the Overseas Service Ribbon as authorized awards.  The DD Form 214 also does not show any dates of service in Southwest Asia.   

6.  The applicant provided a copy of Headquarters 1st Cavalry Division Permanent Orders 093-448, dated 3 April 1991, which shows the applicant was awarded the CIB. 

7.  The applicant’s personnel records contain Headquarters 1st Cavalry Division Permanent Orders 82-19, dated 26 July 1991, which shows that Permanent Orders 093-448, dated 3 April 1991, was revoked.

8.  There are no orders in the applicant’s records which show that he was awarded the AAM.  There is no evidence that the applicant was recommended for any award of the AAM by his chain of command.    

9.  The applicant provided a copy of his DA Form 2A which shows “LAST CBT TOUR/DATE:  SAUDI ARABIA 9104”.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 October 1990 through 18 April 1991.

10.  There is no evidence in the applicant’s records that he completed an overseas tour of duty.  Item 5 (Oversea Service) of the applicant’s DA Form
2-1 (Personnel Qualification Record) is blank.  Items 12f (Foreign Service) and 12g (Sea Service) shows “0000 00 00” [Year(s), Month(s), Day(s)].     

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the AAM.

12.  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.

13.  Army Regulation 600-8-22 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).

14.  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.

15.  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.

16.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

17.  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.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was awarded the CIB and the evidence of record supports this contention.  However, the evidence of record also shows the permanent orders announcing award of the CIB were revoked on 26 July 1991.  Therefore, the applicant is not entitled to correction of his records to show award of the CIB.   

2.  Contrary to the applicant’s contention that he received three awards of the AAM, 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 any award of the AAM. Therefore, he is not entitled to the AAM with two Oak Leaf Clusters.

3.  The applicant served in Southwest Asia from 1 October 1990 through 18 April 1991.  Therefore, he is entitled to correction of his DD Form 214 to show award of the SWASM with three bronze service stars, the KLM-SA, the KLM-K and to show his dates of service in Southwest Asia in item 18 (Remarks). 

4.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he completed a normal tour of overseas duty.  He is not eligible for the Overseas Service Ribbon for his duty in Southwest Asia because that service was recognized with the SWASM.  Therefore, he is not entitled to award of the Overseas Service Ribbon.

5.  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 that the individual concerned was awarded the SWASM with three bronze service stars, the KLM-SA and the KLM-K; and 

b.  by adding “SERVICE IN SWA 1 OCT 90 – 18 APR 91” in item
18 (Remarks) of the DD Form 214 with a separation date of 25 May 1996.  
2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

MKP____  GFG_____  LE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999021121	
SUFFIX		
RECON		
DATE BOARDED	19990623	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19960525	
DISCHARGE AUTHORITY	AR 635-200, CHAPTER 4 	
DISCHARGE REASON	COMPLETION OF REQUIRED ACTIVE SERVICE	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0025	
3.	107.0074	
4.	107.0079	
5.	100.0200	
6.