PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 November 2001
	DOCKET NUMBER:   AR2001056314

	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. P.A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 report of separation (DD Form 214) be corrected to reflect that he served in Southwest Asia (SWA) until 31 December 1991, that he was awarded the Kuwait Liberation Medal (KLM), the Humanitarian Service Medal (HSM) and the Distinguished Service Medal (DSM). 

3.  The applicant states, in effect, that his DD Form 214 shows that he served in SWA until he departed on 15 days of leave on 16 December 1991.  He was released from active duty on 30 December 1991 and he desires to have his records corrected to show that he received credit for time in SWA during the period he took leave.  He also states that he was awarded the HSM and KLM for his service in SWA and was awarded the DSM in 1993, which he desires to be added to his DD Form 214.  In support of his application he submits a copy of his orders awarding him the DSM and documents from the National Personnel Records Center (NPRC) in St. Louis, Missouri, which issued him the HSM and KLM.

4.  The applicant’s military records show that on 23 June 1991, while serving in the rank of major general in the United States Army Reserve (USAR), he was ordered to active duty in support of Operation Desert Storm/Shield.  He remained on active duty until he was honorably released from active duty (REFRAD) at Fort Benjamin Harrison, Indiana on 30 December 1991.

5.  The DD Form 214 issued at the time of his REFRAD, which was signed by the applicant at the time of his separation shows that he served in SWA from 24 June 1991 to 16 December 1991 and that he was awarded the Southwest Asia Service Medal.

6.  On 16 May 1997 the NPRC issued an Authorization for Issuance of Awards (DD Form 1577) authorizing the applicant to be issued the KLM.  On 9 April 2001, the NPRC issued a DD Form 1577 authorizing him to be awarded the HSM.  There is no indication that any action was taken to include these awards on his DD Form 214. 

7.  On 16 April 1993, the applicant was issued a DSM for the period of April 1989 to April 1993, while serving as the commanding general of a Reserve command.

8.  Army Regulation 600-8-22 provides the criteria for award of the HSM and the KLM.  It provides, in pertinent part, that the HSM was awarded for participation in the Kuwait Reconstruction Effort during the period of 26 February to 31 December 1991.  The KLM issued by the government of Kuwait is authorized to military personnel who participated in the Persian Gulf War during the period of 2 August 1990 to 31 August 1993.

9.  Army Regulation 635-5 provides the criteria for preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared at the time of REFRAD or discharge and will contain only information that is current as of the date of separation.  Events that occur (including awards), subsequent to the date of separation, that were not in effect at the time of separation, will not be added to the DD Form 214 at a later date.

CONCLUSIONS:

1.  By the applicant’s own admission, he took leave and departed SWA on 16 December 1991.  His DD Form 214 correctly shows that he was not serving in the theater of operations after that date.  Accordingly, there is no basis to change that date.

2.  The applicant’s contention that his DD Form 214 should reflect that he served until 31 December 1991 also appears to be without merit.  His DD Form 214 shows that he was REFRAD on 30 December 1991 at Fort Benjamin Harrison and he signed that form at the time of his REFRAD.  Therefore, in the absence of evidence to the contrary, there is no basis for the Board to grant him additional active duty service. 

3.  The applicant’s contention that the DSM should be added to his DD Form 214 dated 30 December 1991, also appears to be without merit.  The DSM was awarded in 1993, after his REFRAD.  Accordingly, there is no basis under the applicable regulation to add that award to his DD Form 214.  

4.  However, the applicant was awarded the HSM and KLM for his service in SWA and those awards were not added to his DD Form 214.  Therefore, it would be in the interest of justice to add those awards to his DD Form 214 at this time.

5.  In view of the foregoing, the applicant’s records should be corrected 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 HSM and the KLM.

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

BOARD VOTE:  

___kf___  __be ____  __fe ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001056314	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  52	107.0006/DSM	
3.  135	107.0089/KLM	
4.  121	107.0075/HSM	
5.		
6.