PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  22 March 2000
	DOCKET NUMBER:   AR1999028536

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ted S. Kanamine		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 that his DD Form 214 (report of separation) be corrected to show his Gulf War participation, his years of service in his specialty, and his correct foreign service.  He submits copies of his military records in support of his application.

3.  The applicant states that he was separated on temporary orders and his records were never corrected.

4.  The applicant’s military records show that he enlisted and entered active duty on 2 December 1980.  He completed training as an intelligence analyst and began serving in that specialty effective 8 June 1981.  He continued to serve on active duty and was promoted to grade E-6 effective 1 December 1990.

5.  On 4 March 1996 he was convicted by a general court-martial of uttering bad checks and sentenced to 45 days confinement, reduction to E-1, and a bad conduct discharge.  He began his confinement and was reduced that same date. He was released from confinement on or about 14 April 1996 and voluntarily departed on excess leave on 10 June 1996.

6.  On 11 March 1998 the conviction and sentence was affirmed and execution on the discharge was directed.  Effective 12 June 1998 the applicant was separated in grade E-1 as the result of trial by court-martial with a bad conduct characterization of service.  He had 17 years and 5 months creditable service, 39 days lost time, and 733 days excess leave.

7.  His DD Form 214 does not reflect any time served in his specialty (block 11), no credit for foreign service (block 12f.), and no service medals for duty in the Gulf War (block 13).

8.  The applicant’s record of assignments shows that he served in his specialty for 14 years and 9 months beginning on 8 June 1981 through 3 March 1996.

9.  The applicant’s DA Form 2-1 shows in block 5 that he served in Germany from 15 June 1983 to 30 November 1984, in Korea from 11 June 1986 to 10 June 1987, Saudi Arabia from 17 August 1990 to 6 March 1991, and in Belgium from 24 August 1991 to 22 August 1994.

10.  Army Regulation 600-8-22 provides the policy for service medal and ribbons. It provides that the Southwest Asia Service Medal is awarded to soldiers serving in Southwest Asia on or after 2 August 1990.  One bronze service star is authorized for each designated campaign.  The regulation also provides for award of the Kuwait Liberation Medal (SA), awarded by the government of Saudi Arabia, for soldiers who participated in the Gulf War between 17 January and 28 February 1991and the Kuwait Liberation Medal (KU), awarded by the government of Kuwait for soldiers who participated in the Gulf War between 2 August 1990 and 31 August 1993.  None of these service medals are listed on his DD Form 214.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was separated from active duty on temporary records and corrections to his DD Form 214 have not been accomplished to correct the errors or omissions he now seeks and is entitled to.

2.  The applicant is entitled to have his DD Form 214 corrected to show that he satisfactorily served in his specialty for 14 years and 9 months, that he had the foreign service credit listed in paragraph 9, above, and that he is entitled to the three awards listed in paragraph 10, above.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by correcting the DD Form 214 of the individual concerned to show that he served 14 years and 9 months in his specialty, that he had 6 years and 4 days foreign service, and that he is authorized the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal (SA), and the Kuwait Liberation Medal (KU).

BOARD VOTE:  

__JA__  __AO___  ___TK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__James M. Alward____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028536	
SUFFIX		
RECON		
DATE BOARDED	20000322	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	107.0074	
3.	107.0089	
4.	107.0100	
5.		
6.