PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           04 JUNE 2002                   
	DOCKET NUMBER:   AR2002069043

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		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 that his record be corrected to show award of the Southwest Asia Service Medal and that his DD Form 214 be corrected to show that he completed his first full term of service. 

3.  The applicant states that his first enlistment was for three years. 

4.  The applicant’s military records show that he enlisted in the Army for three years on 28 June 1996.  He completed training and in November 1996 was assigned to Fort Benning, Georgia.  On 26 February 1999, the applicant reenlisted in pay grade E-4 for four years.  

5.  On 30 July 1999 the applicant received nonjudicial punishment under      Article 15, UCMJ, for willfully disobeying a lawful order to report to the command directed urinalysis [testing]. 

6.  On 9 August 1999 the applicant’s commanding officer notified the applicant that he was recommending that the applicant be discharged for commission of a serious offense under the provisions of Army Regulation 635-200,          paragraph 14-12c.  The resultant request that the applicant be discharged was approved by the separation authority.  The applicant was discharged for misconduct on 25 August 1999.  Item 12c of that form shows that he had 3 years, 1 month, and 28 days of service.  The applicant’s DD Form 214 shows that he served in Southwest Asia during the period 16 February 1998 to 5 May 1998.    That form states, “Member has not completed first full term of service.”

7.  Army Regulation 635-5 provides instructions for the preparation of               DD Form 214, and states that the following statement will be added to the        DD Form 214, “Member (has) (has not) completed first term of service.”  The remark is required for employment agencies to determine the eligibility criteria for former service members applying for unemployment compensation.  It continues by saying that a service member normally should not be considered to have completed the first full term of active service if separation occurs prior to the end of the initial contracted period of service.  However, if a member reenlists prior to the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment, and should be considered to have been completed upon execution of a reenlistment contract.  To determine if an enlisted soldier has completed his first full term of enlistment, refer to enlistment documents, and compare the term of enlistment to net service in item 12c of the DD Form 214.  If soldier has completed or exceeded his initial enlistment, enter “has.”  If item 12c of DD Form 214 is less than soldier’s initial enlistment, enter “has not.”  

8.  Army Regulation 600-8-22 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).  The termination date for award of the Southwest Asia Service Medal is 30 November 1995.

9.  The Armed Forces Expeditionary Medal is awarded for service in Southwest Asia beginning 1 December 1995 to a date to be determined.  

CONCLUSIONS:

1.  The applicant is not entitled to award of the Southwest Asia Service Medal.  He is, however, entitled to award of the Armed Forces Expeditionary Medal.

2.  The applicant completed the period of service for which he initially contracted. His DD Form 214 should so indicate.   

3.  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 Armed Forces Expeditionary Medal, and that he completed his first full term of service.

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

BOARD VOTE:  

__JLP  __  __AAO__  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069043	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020604	
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.	107.00	
2.	110.00	
3.		
4.		
5.		
6.