PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 July 2000
	DOCKET NUMBER:   AR2000036152

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 her Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect her service in Southwest Asia (SWA).

3.  The applicant states, in effect, that she served in SWA during Operation Desert Shield/Storm and desires to have her records corrected to reflect her service.  She also states that she should be awarded all awards and decorations authorized for her service.  In support of her application, she submits a printout of her Defense Manpower Data Center (DMDC) information dated 21 October 1999 and copies of her Leave and Earnings Statements (LES) for the period covering 1 October 1990 through 31 Mar 91.

4.  The applicant’s military records fail to reveal any service in SWA during the period in question.  However, the DMDC information that she submitted in support of her appeal shows her In-Theater start date as 1 September 1990 and her In-Theater end date as 1 April 1991.  The LES’s that she submitted to this Board cover her service from 1 October 1990 through 31 March 1991 and they show that she was receiving oversea pay and danger pay.

5.  The applicant’s DD Form 214 shows that she was honorably released from active duty on 6 May 1992.  She had completed 5 years and 9 months of total active service.

6.  Her DD Form 214 also shows that she was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Good Conduct Medal, the Army Achievement Medal w/1 Oak Leaf Cluster, the Noncommissioned Officer Professional Development Ribbon and the Sharpshooter Badge (M-16).

7.  Army Regulation 672-5-1 prescribes Department of the Army policy, criteria , and administrative instructions concerning individual military awards.  It states, in pertinent part, that the Southwest Asia Service medal (SWASM) is awarded to all members of the Army Forces of the United States serving in SWA and contiguous waters or airspace thereover, on or after 2 August 1990 to 30 November 1995.  To be eligible for award of the SWASM, soldiers must be attached to or regularly serving for one or more days with an organization participating in ground/shore (military) operations, or actually participating as a crew member in one or more aerial flights directly supporting military operations, or serving on temporary duty for 30 consecutive days or 60 nonconsecutive days.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal - Southwest Asia (KLM-SA) is awarded by the Kingdom of Saudi Arabia to all member of the Army Forces of the United States serving in SWA and its contiguous waters or airspace thereover, in support of Operations Desert Storm during the period 17 January 1991 to 28 February 1991.

9.  The same regulation provides that the Kuwait Liberation Medal - Kuwait 
(KLM-K) awarded by the Government of Kuwait, be 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.  Although the applicant’s records fail to show that she served in SWA, the DMDC information printout and the LES’s that she submitted in support of her application is considered by the Board to be sufficient evidence to show that she arrived in SWA on 1 September 1990 and departed on 1 April 1991.

2.  The applicant was qualified for the awards of the KLM-K, the KLM-SA and the SWASM for her service in SWA.  However, for reasons not explained, they were omitted from her DD Form 214.

3.  In the absence of evidence to the contrary, it must be presumed that the failure to indicate service in SWA and to award the KLM-K, the KLM-SA and the SWASM to the applicant was the result of administrative errors.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

	a.  that the individual concerned served in SWA from 1 September 1990 through 1 April 1991; and

	b.  that she was awarded the KLM-K, the KLM-SA and the SWASM for her service in SWA.

BOARD VOTE:  

___ra ___  ___js ___  __rjw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2000036152	
SUFFIX		
RECON		
DATE BOARDED	2000/07/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  120	107.0074	
3.  135	107.0089	
4.  189	110.0000	
5.		
6.