PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           6 August 2002                   
	DOCKET NUMBER:   AR2002068354

	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. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman		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 correction of his separation document to show that he served in Kuwait.

3.  The applicant states, in effect, that he served in Kuwait and it is not reflected on his separation document.

4.  In support of his request, he submits a copy of a certificate he received for outstanding support and performance while assigned to the Coalition Task Force-Kuwait and a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty.

5.  The applicant’s military records show that he enlisted in the Regular Army on 27 December 1995.  He successfully completed basic and advanced individual training and served in Southwest Asia from 15 April through 15 August 1999.  The applicant was released from active duty on 16 September 2002.

6.  A DD Form 214, signed by the applicant, reflects that he was transferred to the US Army Reserve on 16 September 2001, in pay grade E-4, under the provisions of Army Regulation 635-200, for completion of required active service. His character of service was honorable; and he had completed a total of 5 years, 8 months, and 20 days of creditable active service.  The document does not reflect any lost time.  Item 18, Remarks, reflects that he served in Southwest Asia from 15 April through 15 August 1999.

7.  His awards include the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Expert Badge with rifle bar, and the Marksman Badge with grenade bar.

8.  His records show that he served overseas service in Kuwait from 15 April through 15 August 1999.  The record does not contain any record of discipline action or an Army Good Conduct Medal disqualification action by a commander.

9.  Army Regulation 635-5, Separation Documents, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs 

that for an active duty soldier deployed with his or her unit during their continuous period of active service, Item 18, Remarks, will contain the entry "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD – YYYYMMDD)."

10.  Army Regulation 600-8-22, Military Awards, provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is three years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1.  The applicant's DD Form 214 reflects that he served in Kuwait from 15 April through 15 August 1999.  The regulation governing the completion of the DD Form 214 directs that the name of the country to which deployed will be entered in the Remarks section; therefore, he is entitled to a correction of his records to reflect his service in Kuwait.

2.  In reviewing the applicant's records, it was noted that his service was meritorious, as evidenced by his promotion to pay grade E-4, and that his record is devoid of any evidence of disciplinary action.  As such, it would appear that the absence of the Army Good Conduct Medal for the three year period of his service from 27 December 1995 through 26 December 1998 was in error and he is entitled to a correction of his records to show this award.

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:

	a.  showing that the individual concerned served in Kuwait for the period 15 April through 15 August 1999; and

b.  showing that he was awarded the Army Good Conduct Medal for the period 27 December 1995 through 26 December 1998.

BOARD VOTE:  

___lld___  ___pm___  ___dph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068354	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
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         107.0074		
2.		
3.		
4.		
5.		
6.