PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 April 2000                  
	DOCKET NUMBER:   AR2000035491

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Ms. Van B. Cunningham 		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 to show  Southwest Asia medals; that his reentry (RE) code be changed from RE-3 to  RE-1; and that he completed the Drill Sergeant Course.

3.  The applicant states, in effect, that he served 106 days in Southwest Asia in support of Desert Shield.  He contends that his RE code should be changed to RE-1 because he successfully completed his enlistment from 31 October 1994 to 25 March 1999 in the USAR.  He also contends that he completed the Drill Sergeant Course in June 1996.  In support of his application, he submits a notification letter, dated 22 June 1993, that his discharge was upgraded to honorable by the Army Discharge Review Board (ADRB); his enlistment papers for the USAR; an award of the Drill Sergeant Badge and DA Form 1059 (Service School Academic Evaluation Report); a DD Form 214 with an effective date of 
7 January 1991; and his enlistment papers for the Air National Guard. 

4.  The applicant’s military records show that he entered active duty on 24 June 1986, trained as a combat signaler and served in Germany for 3 years.  He reenlisted on 16 June 1989 and advanced to sergeant.  On 7 January 1991 the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served 4 years, 6 months and 14 days of total active service and was issued an RE code of RE-3.

5.  On 4 February 1993 the ADRB upgraded the applicant’s discharge to honorable and changed the reason for discharge to Secretarial Authority. 

6.  The applicant’s DD Form 214 with an effective date of 7 January 1991 does not show any Southwest Asia medals.  Item 25 (Separation Authority) of the DD Form 214 shows “AR [Army Regulation] 635-200, CHAPTER 5, SECTION II”.  Item 27 (Reentry Code) shows “3”.  Item 14 (Military Education) on the DD Form 214 does not show the Drill Sergeant Course. 

7.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 October 1990 through 31 December 1990.

8.  The applicant provided documentation which shows he was awarded the Drill Sergeant Badge upon successful completion of the Drill Sergeant Course on
29 June 1996 while serving in the USAR. 

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 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.

12.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

13.  RE-1 applies to persons completing an initial term of active service who was fully qualified when last separated.
 
14.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable, such as individuals discharged under Secretarial Authority under the provisions of Army Regulation 635-200, Chapter 5, Section II.

15.  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 14 (military education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1.  The applicant served in Southwest Asia from 1 October 1990 through
31 December 1990.  Therefore he is entitled to correction of his DD Form 214 to show award of the Southwest Asia Service Medal with one bronze service star and the KLM-K.

2.  The Board noted the applicant’s contention that his RE code should be changed to RE-1 because he successfully completed his enlistment from
31 October 1994 to 25 March 1999 in the USAR.  However, in accordance with the governing regulation, RE codes are assigned to individuals prior to discharge or release from active duty, not from inactive service in the USAR, and are based on their service records or the reason for discharge. 

3.  The separation authority, narrative reason for separation, and the RE code used in the applicant’s case are correct and were applied in accordance with the applicable regulations.    

4.  The applicant failed to show through the evidence submitted or the evidence of record sufficient justification for upgrading his RE code.

5.  The evidence of record shows the applicant completed the Drill Sergeant Course in June 1996 while serving in the USAR, over 5 years after his discharge from active duty.  Therefore, in accordance with the governing regulation, he is not entitled to correction of his DD Form 214 with an effective date of 7 January 1991 to show this course.  

6.  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 by showing that the individual concerned was awarded the Southwest Asia Service Medal with one bronze service star and the KLM-K. 

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

BOARD VOTE:  

JPH___  EJA____  VBC_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James P. Huber
                                                       CHAIRPERSON

INDEX

CASE ID	AR2000035491	
SUFFIX		
RECON		
DATE BOARDED	20000419	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19910107	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	For the good of the service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0074	
2.		
3.		
4.		
5.		
6.