PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            8 June 2000                  
	DOCKET NUMBER:   AR2000035718

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell 		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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, award of the Combat Infantryman Badge, the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal and any other Southwest Asia medals to which he may be entitled.

3.  The applicant states that the omissions of the aforementioned items on his DD Form 214 have resulted in denial of VA benefits.  In support of his application, he submits a copy of his DD Form 214 and page one of DA Form
2-1 (Personnel Qualification Record). 

4.  The applicant’s military records show that he enlisted on 15 November 1988, served as an infantryman and was honorably discharged on 14 November 1992.  
5.  The applicant’s DD Form 214 does not show any dates of service in Southwest Asia.  The DD Form 214 also does not show the Combat Infantryman Badge, the SWASM or the Kuwait Liberation Medal as authorized awards.

6.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 August 1990 through 30 April 1991, a total of 9 months.

7.  The applicant’s records indicate he was awarded military occupational specialty 11B1P (infantryman) effective 31 March 1989.  (Primary Specialty) on the applicant’s DD Form 214 shows “11B1P INFANTRYMAN 3YRS 8MOS”.

8.  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.

9.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.  However, for service in Southwest Asia, Department of the Army issued guidance that service in a temporary duty status in that theater would not be reported as foreign service unless for a period longer than 6 months and that Southwest Asia service would be reported in item 18 (Remarks) of the DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB), and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 11 April 1991.  These paragraphs state that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

11.  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).

12.  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.

13.  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.

CONCLUSIONS:

1.  The applicant served as an infantryman in Southwest Asia from 1 August 1990 to 30 April 1991 and participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Combat Infantryman Badge, the SWASM with two bronze service stars, the KLM-SA, the KLM-K and his dates of service in Southwest Asia in items 12f (Foreign Service) and 18 (Remarks).

2.  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: 

a.  by showing that the individual concerned was awarded the Combat Infantryman Badge, the SWASM with three bronze service stars, the KLM-SA, the KLM-K; and

	b.  by showing the entry “00 09 00” in item 12f (Foreign Service) on the DD Form 214 of the individual concerned; and

c.  by showing the entry “Service in Southwest Asia 900801 to 910430” in block 18 (Remarks) on his DD Form 214. 

BOARD VOTE:  

SLP____  LEM_____  AAO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000035718	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19921114	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0074	
3.	107.0089	
4.	100.0000	
5.		
6.