PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 May 2002
	DOCKET NUMBER:   AR2002066993

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. John T. Meixell		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 military records be corrected to show the time he served in Southwest Asia (SWA). 

3.  The applicant states, in effect, that Item 18 (Remarks) of his separation document (DD Form214) does not contain an entry showing the time he served in SWA, from 1 August 1999 to 15 December 1999.  In support of his application, he submits a copy of his separation document (DD Form 214), an award certificate for the Armed Forces Expeditionary Medal (AFEM), and two certificates of achievement.

4.  The applicant continuously served on active duty in an enlisted status for 
2 years, 10 months and 14 days, from 27 May 1998 through 10 April 2001.  On 11 April 2001, he was commissioned a second lieutenant (2LT) and entered active duty in that status.  He is currently serving on active duty at  Fort Bliss, Texas.

5.  The applicant’s record confirms that while serving on active duty in an enlisted status, he was deployed to SWA and served there from 1 August 1999 through 15 December 1999.  This service is further verified in a Certificate of Achievement issued to him by the 3rd Battalion, 43rd Air Defense Artillery, which recognized him for his meritorious achievement while deployed to SWA from 
1 August 1999 to 15 December 1999.  The record also shows that he was awarded the AFEM for this service in SWA.

6.  The DD Form 214 issued to the applicant on 10 April 2001, at the completion of his active duty service in an enlisted status confirms that he was separated on that date, in the rank of staff sergeant/E-6, for the purpose of accepting a commission.  Item 12f (Foreign Service) of this document confirms that the applicant completed 4 months and 15 days of foreign service.  The list of awards earned by the applicant during his active duty tenure contained in Item 
13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) includes the AFEM.  However, Item 18 (Remarks) does not contain an entry documenting his service in SWA. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Paragraph 2-4, states, in pertinent part, that the time serve by an active duty soldier deployed to a foreign country with his or her unit during their continuous period of active service will be entered in Item 18 (Remarks) of the DD Form 214.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his time served in SWA should be listed in Item 18 (Remarks) of his DD Form 214 and it finds this claim has merit.  By regulation, time serve by an active duty soldier deployed to a foreign country with his or her unit during their continuous period of active service will be entered in Item 18 (Remarks) of the DD Form 214.  

2.  The evidence of record confirms that the applicant served in SWA from 
1 August 1999 to 15 December 1999.  Therefore, the Board concludes it would be appropriate to add the following entry to Item 18 (Remarks) of the applicant’s 
DD Form 214, dated 10 April 2001:  “Service in Southwest Asia: from 990801-991215” at this time. 

3.  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 by adding the following entry to Item block 18 (Remarks) of the applicant’s DD Form 214, dated 10 April 2001:  “Service in Southwest Asia: from 990801-991215.”

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

___SAC_  __KWL__  __JTM__  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler _
		        CHAIRPERSON

INDEX

CASE ID	AR2002066993	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/07	
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.	120.0000	
2.		
3.		
4.		
5.		
6.