PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            20 July 2000                  
	DOCKET NUMBER:   AR2000037908

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell 		Member	
	Mr. Kenneth L. Wright		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 dates of service in Southwest Asia be corrected to show “901109 to 910707” instead of “901109 to 910321” in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 7 July 1991.  

3.  The applicant states, in effect, that he served in the Persian Gulf War until 
7 July 1991 and that his dates of service in Southwest Asia in item 18 (Remarks) on his DD Form 214 with an effective date of 7 July 1991 are incorrect.  In support of his application, he submits a copy of his DD Form 214 with an effective date of 31 July 1989, a DD Form 214 with an effective date of 7 July 1991 and a National Guard Bureau Form 22 (Report of Separation and Record of Service). 

4.  The applicant’s military records show that he enlisted in the Regular Army on 3 November 1981.  He served as an ammunition specialist and motor transport operator, was honorably discharged on 31 July 1989 and transferred to the USAR.  The applicant was ordered to active duty on 27 September 1990 in support of Operation Desert Shield/Desert Storm and was released from active duty on 7 July 1991.  His DD Form 214 with an effective date of 7 July 1991 shows the Southwest Asia Service Medal as an authorized award.

5.  Item 18 (Remarks) on the applicant’s DD Form 214 with an effective date of
7 July 1991 shows the entry “SERVICE IN SOUTHWEST ASIA FROM 901109 TO 910321.”

6.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 11 November 1990 through 2 June 1991, a total of 6 months and 24 days.

7.  The applicant’s DD Form 214 covering the period 27 September 1990 through 7 July 1991 shows that he served 4 years, 8 months and 20 days of foreign service in item 12f (Foreign Service).

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 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).

10.  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.

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.  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 214 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.

CONCLUSIONS:

1.  Although the applicant contends that he served in Southwest Asia from 
9 November 1990 to 7 July 1991, evidence of record shows that he served in Southwest Asia from 9 November 1990 through 2 June 1991 and participated in three campaigns.  

2.  Item 18 (Remarks) on the applicant’s DD Form 214 with an effective date of
7 July 1991 incorrectly shows the entry “SERVICE IN SOUTHWEST ASIA FROM 901109 TO 910321”.  Therefore, this entry should be corrected to show “SERVICE IN SOUTHWEST ASIA FROM 901109 TO 910602”. 

3.  Based on the applicant’s Southwest Asia service, he is entitled to award of the Southwest Asia Service Medal with three service stars, the KLM-SA and the KLM-K.   Therefore, his DD Form 214 with an effective date of 7 July 1991 should be corrected to reflect these awards.
4.  The applicant served 6 months and 24 days in Southwest Asia.  His DD Form 214 covering the period 27 September 1990 through 7 July 1991 shows that he served 4 years, 8 months and 20 days of foreign service in item 12f (Foreign Service).  However, the Board notes that in accordance with the governing regulation, only foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that Southwest Asia service 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.  Therefore, the entry “04 08 20” in item 
12f (Foreign Service) on the applicant’s DD Form 214 with an effective date of 
7 July 1991 is incorrect and should be corrected to show “00 06 24”.

5.  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: 

	a.  by deleting the entry “SERVICE IN SOUTHWEST ASIA FROM 901109 TO 910321.” in item 18 (Remarks) on the DD Form 214 with an effective date of 7 July 1991 of the individual concerned; and  

	b.  by adding the entry “SERVICE IN SOUTHWEST ASIA FROM 901109 TO 910602” in item 18 on the DD Form 214 with an effective date of 7 July 1991; and

	c.  by deleting the entry “Southwest Asia Service Medal” in item 
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 7 July 1991 of the individual concerned; and

	d.  by adding the entries “Southwest Asia Service Medal with three bronze service stars”, “Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia” and “Kuwait Liberation Medal awarded by the Government of Kuwait” in item 13 on his DD Form 214 with an effective date of 7 July 1991; and 

	e.  by deleting the entry “04 08 20” in item 12f (Foreign Service) on the DD Form 214 with an effective date of 7 July 1991; and

	f.  by adding the entry “00 06 24” in item 12f (Foreign Service) on his DD Form 214 with an effective date of 7 July 1991.   

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

BOARD VOTE:  

SAC____  AMC____  KLW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2000037908	
SUFFIX		
RECON		
DATE BOARDED	20000720	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910707	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4  	
DISCHARGE REASON	Release from active duty 	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.