PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 June 2002       
	DOCKET NUMBER:   AR2002067451

	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. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Thomas Lanyi		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 reconsideration of his previous application to correct his military records by awarding him the Kuwait Liberation Medal and any other awards and decorations to which he may be entitled for his service in Southwest Asia.

3.  The applicant states, in effect, that he served in Southwest Asia from September 1990 to March 1991. 

4.  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the Docket Number AC94-11076 by the Army Board for Correction of Military Records (ABCMR) on 29 March 1995.

5.  The applicant submits a letter of explanation, dated 7 January 2002; numerous JUMPS-Army Leave and Earning Statements; a Memorandum, dated 2 May 1991; a postmarked envelope which shows “DESERT SHIELD”;  a Certificate of Service, dated 29 March 1991, for faithful and exemplary performance during Operation Desert Shield; and a post card which shows the entry “DESERT SHIELD – SAUDI ARABIA.” 

6.  The applicant’s submissions were not previously considered by the ABCMR and are therefore considered new evidence which will be considered by the Board.

7.  The Board notes that the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show any Southwest Asia awards or decorations as authorized awards.   

8.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 September 1990 through 9 March 1991.

9.  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.

10.  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).

11.  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.

12.  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.

CONCLUSIONS:

1.  The applicant served in Southwest Asia from 1 September 1990 through 
9 March 1991.  

2.  Based on the foregoing, the applicant is entitled to correction of his DD Form 214 to show award of the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.    

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal 

awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.    

BOARD VOTE:

JNS____  EJA_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone   ________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067451	
SUFFIX		
RECON	Yes – original application denied by the ABCMR on 29 March 1995	
DATE BOARDED	20020625	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES          1.	107.0074	
2.	107.0089	
3.		
4.		
5.		
6.