PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           13 November 2003
	DOCKET NUMBER:   AR2003085445

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Eloise C. Prendergast		Member	
	Mr. Ronald E. Blakely		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show foreign service time in Saudi Arabia and other awards he is authorized as a result of this service.  

3.  The applicant states that he served in Saudi Arabia for 6 months and was not given any foreign service medals.  He further states that he discovered the error on his DD Form 214 when applying for a job with the U.S. Postal Service.

4.  The applicant’s military records show that he enlisted in the Regular Army on 4 May 1994, for a period of five years.  He successfully completed basic training and advanced individual training for MOS 31P10 (Microwave Systems Operator Maintainer).  

5.  On 28 August 1997, the applicant was released from active duty under the provisions of Army Regulation 635-200, Chapter 18 for weight control program failure.  He was credited with 3 years, 3 months and 25 days of active service and no lost time.  The highest grade he attained was pay grade E-4.  He was transferred to the United States Army Reserve (USAR) Control Group, (Annual Training).

6.  His DD Form 214, item 12f shows he completed no foreign service; item
13 shows he was awarded the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon and the Marksman Badge with Rifle Bar.  

7.  The Defense Manpower Data Center (DMDC) Desert Shield/Storm Data Base shows that the applicant served in Southwest Asia from 1 to 31 December 
1995 and from 1 January to 31 May 1997.

8.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  In pertinent part, it states that item 12f, foreign service, of the DD Form 214 will contain the total amount of foreign service completed during the period of service covered by the DD Form 214.  The information is to assist the member with post-service benefits, final pay, and retirement credit.

9.  Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

10.  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).

CONCLUSIONS:

1.  The DMDC Data Base substantiates that the applicant served overseas in Southwest Asia from 1 to 31 December 1995 and from 1 January through
31 May 1997.  Therefore the applicant’s DD Form 214, should be corrected to reflect his foreign service.  

2.  The Board also notes that the applicant's service in Southwest Asia from
1 December to 31 December 1995 occurred after the 30 October 1995 terminal date for the SWASM.  There is no available evidence to show he is qualified for award of the SWASM or any other award for service in Southwest Asia. 

3.  In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending Item 12f (foreign service) to show he completed
0 years, 6 months, and 0 days of foreign service.  

2.  That so much of the application as is in excess of the foregoing be denied because he was not eligible for any award for service in Southwest Asia.

BOARD VOTE:  

___AAO_  ___ECP__  ___REB   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			
		_  Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003085445	
SUFFIX		
RECON		
DATE BOARDED	2003.11.13	
TYPE OF DISCHARGE	Ch 18 	
DATE OF DISCHARGE	1997.08.27	
DISCHARGE AUTHORITY	635-200	
DISCHARGE REASON	Weight control program failure	
BOARD DECISION	Part Grant	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A107.0000	
2.	A107.0074	
3.		
4.		
5.		
6.