MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 February 2000                 
	DOCKET NUMBER:   AR1999028756

	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.

	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		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: That her uncharacterized discharge be changed to honorable.  She also requests correction of her records to show a campaign badge based on her participation in Operation Desert Shield/Desert Storm.

APPLICANT STATES:  That a letter, dated 30 November 1993, indicated that she received an honorable discharge and not an uncharacterized discharge.  She contends that she was activated for Operation Desert Storm, but she did not serve 90 days due to release for a medical reason.  In support of her application, she submitted a copy of her DD Form 214; discharge orders from the U.S. Army Reserve, dated 30 November 1993; and a DD Form 261 (Report of Investigation).

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

The applicant enlisted in the U.S. Army Reserve on 20 November 1985 for a period of eight years.  She was ordered to initial active duty training (IADT) at Fort Dix, New Jersey on 29 November 1985.  Upon successful completion of training, she was released from active duty on 10 April 1986 under the provisions of Army Regulation 635-200, chapter 4, for completion of term of service and was issued a DD Form 214 showing uncharacterized service.  She served on active duty from 17 November 1990 to 9 January 1991, completed her Reserve obligation and was honorably discharged from the Army Reserve on 30 November 1993.

The applicant’s personnel records do not contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing active duty during Operations Desert Shield/Desert Storm (2 August 1990 through 12 April 1991).  Her records do contain a DD Form 220 (Active Duty Report) which shows that she served 53 days of active duty at Fort Devens, Massachusetts from 17 November 1990 to 9 January 1991.

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.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  This data base does not list the applicant’s name. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.  Army National Guard and US Army Reserve soldiers who successfully complete a period of initial active duty for training who are in entry level status (have completed no more than 
180 days of creditable continuous active duty or initial active duty for training, or no more than 90 days of Phase II under a split or alternate training option) will be uncharacterized, even though they have completed their IADT successfully.  A soldier separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry level status and service is uncharacterized.

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).

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.

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.  The applicant’s release from active duty was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.

2.  The applicant’s character of service of “uncharacterized” is accurately reflected on her DD Form 214; therefore, she is not entitled to correction of her DD Form 214 and her records are correct as currently constituted.

3.  The Board noted the applicant’s contention that she was activated for Operation Desert Shield, however, there is no evidence, and the applicant has not provided any evidence, which shows she served on active duty or served in Southwest Asia.  Therefore, she is not entitled to any awards for service in support of Operation Desert Shield/Desert Storm.

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____  DSJ_____  CJS_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028756	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000209 	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19860410	
DISCHARGE AUTHORITY	AR635-200, chapter 4	
DISCHARGE REASON	Completion of Term of Service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	107.00	
3.		
4.		
5.		
6.