PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           7 March 2002                   
	DOCKET NUMBER:   AR2001060868

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his possible promotion and assignment to Fort Hood, Texas and participation in the Gulf War.

3.  The applicant states in effect, that his DD Form 214 does not reflect his possible or missed promotion and assignment to Fort Hood and participation in the Gulf War.

4.  The applicant’s military records show that he was retired for length of service on 31 October 1992, at the rank of staff sergeant.

5.  His DD Form 214 reflects that he received the following awards for his service in Southwest Asia:  the Southwest Asia Service Medal with 3 bronze service stars, the Kuwait Liberation Medal (KLM-Saudi Arabia) awarded by the Kingdom of Saudi Arabia.  His DD Form 214 does not show award of the Kuwait Liberation Medal (KLM-Kuwait) awarded by the Government of Kuwait.

6.  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.  This database shows that the applicant served in Southwest Asia (SWA) from 1 October 1990 to 16 April 1991.

7.  There are no documents in his records that indicate a promotion beyond staff sergeant.

8.  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.

9.  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.

10.  The KLM-Saudi Arabia 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.

CONCLUSIONS:

1.  The entry “Kuwait Liberation Medal” currently reflected on the applicant’s DD Form 214 is the award given by the Kingdom of Saudi Arabia, as the KLM-Kuwait was not approved until 9 November 1995, several years after the applicant’s DD Form 214 was prepared.  He is entitled to award of the KLM-Kuwait and to have it reflected on his DD Form 214.

2.  Based on the applicant’s service in Southwest Asia in support of Operation Desert Storm, he is entitled to correction of item 18 (Remarks) of his                DD Form 214 with a separation date of 31 October 1992 to show his service in Southwest Asia by adding the entry “SWA SERVICE:  1 October 1990 to 16 April 1991” on his DD Form 214.

3.  His assignment to Fort Hood was not foreign service.  Therefore, in accordance with the pertinent regulation in effect at the time, the exact dates he was assigned to Fort Hood will not be reflected on his DD Form 214.

4.  There is no evidence, nor does the applicant provide any evidence or information concerning a promotion.  Therefore, no action will be taken regarding this matter.

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:

	a.  deleting the entry “Kuwait Liberation Medal” currently listed in item 18 (Remarks) of his DD Form 214 with a separation date of 31 October 1992;

	b.  showing that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Kingdom of  Saudi Arabia;

c.  showing that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Government of Kuwait; and 

	d.  amending item 18 (Remarks) of his DD Form 214 to show the entry “SWA SERVICE:  1 October 1990 – 16 April 1991.”

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

BOARD VOTE:  

__rks ___  ___rvo___  ____jpi _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060868	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020307	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.