PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 September 2002                   
	DOCKET NUMBER:   AR2002073739

	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. Elzey J. Arledge		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Barbara J. Heinz 		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Kuwait Liberation Medal.

3.  The applicant states that this medal was omitted from his DD Form 214.

4.  The applicant’s military records show that he enlisted on 9 August 1977, served as an observation/scout helicopter repairer and was honorably discharged on 21 February 1984.  After a break in service, the applicant entered active duty on 9 October 1986.  He remained on active duty through continuous reenlistments until he retired in the rank of sergeant under the provisions of Army Regulation 635-200, chapter 12, for Voluntary Early Retirement on 31 March 1995.   

5.  The applicant’s retirement DD Form 214 does not show the Kuwait Liberation Medal as an authorized award.  His DD Form 214 does not show any awards or decorations for Southwest Asia service.   

6.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 January 1991 through 15 May 1991.

7.  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.

8.  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).

9.  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.

10.  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.

11.  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 214 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.

CONCLUSIONS:

1.  The applicant served in Southwest Asia from 1 January 1991 to 15 May 1991 and participated in three campaigns.  Therefore, the applicant is entitled to award of the SWASM with three bronze service stars, the KLM-SA and the KLM-K.  

2.  The applicant is also entitled to correction of item 18 (Remarks) on his DD Form 214 with an effective date of 31 March 1995 to show his dates of service in Southwest Asia.

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: 

a.  by showing the entries, “Southwest Asia Service Medal with three bronze service stars”, “Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia” and “Kuwait Liberation Medal awarded by the Government of Kuwait” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of 
31 March 1995; and

b.  by showing the entry “Service in Southwest Asia 910101 to 910515” in item 18 (Remarks) on this DD Form 214.

BOARD VOTE:  

EJA___  TBR_____  KAH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Elzey J. Arledge______
		        CHAIRPERSON

INDEX

CASE ID	AR2002073739	
SUFFIX		
RECON		
DATE BOARDED	20020917	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0089	
2.	107.0000	
3.		
4.		
5.		
6.