PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          28 October 2003                    
	DOCKET NUMBER:  AR2003089149

	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. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons 		Member	
	Ms. Marla J. Troup 		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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and decorations to which he may be entitled.  He also requests that his rank be corrected to show sergeant, E-5 instead of specialist, E-4.

3.  The applicant states, in effect, that the awards shown on his DD Form 214 are inadequate because he was separated from the service on temporary records.  He contends that he should have been discharged as a sergeant but he was not promoted while serving in support of Desert Shield/Desert Storm.  He also contends that he has two overseas tours and that he knows that his promotion points were incorrectly counted.  The applicant did not provide any evidence in support of his application.    

4.  The applicant’s military records show that he enlisted on 20 June 1984 and trained as a materiel control and accounting specialist.  He was promoted to sergeant, E-5 on 1 June 1989.

5.  On 27 February 1990, nonjudicial punishment was imposed against the applicant for committing adultery, committing indecent assault upon a minor (three specifications), and committing indecent acts with a minor (three specifications).  His punishment consisted of a reduction to E-4, a forfeiture of pay, and extra duty.   

6.  The applicant served in Southwest Asia from 5 June 1991 through 31 August 1991.  On 24 September 1992, the applicant was honorably discharged, in pay grade E-4, under the provisions of Army Regulation 635-200, paragraph 16-8, under the qualitative retention program.    

7.  The applicant's DD Form 214 shows the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Army Commendation Medal with Third Oak Leaf Cluster, the Army Achievement Medal (8th Award), the Noncommissioned Officer Professional Development Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Driver Badge-W, two awards of the Overseas Service Ribbon, and the Army Good Conduct Medal 
(2d Award) as authorized awards.

8.  There is no evidence in the applicant's service personnel records which shows he was promoted to sergeant after his reduction to specialist or prior to his discharge on 24 September 1992.

9.  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).

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.

CONCLUSIONS:

1.  Based on the applicant's service in Southwest Asia, he is entitled to award of the SWASM with one bronze service star and the KLM-K and correction of his DD Form 214 to show these awards. 

2.  Review of the applicant's records and Army Regulation 600-8-22 does not reveal entitlement to any additional awards.

3.  The Board noted the applicant's request that his rank be corrected to show sergeant, E-5.  Evidence of record shows the applicant was reduced from sergeant, E-5 to specialist, E-4 as the result of nonjudicial punishment.  There is no evidence which shows the applicant was promoted to sergeant after his reduction to specialist or prior to his discharge on 24 September 1992.  Therefore, there is no basis for granting the applicant's request that his rank be changed to sergeant, E-5.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the SWASM with one bronze service star and the KLM-K.

2.  That so much of the application as pertains to correction of his rank to sergeant, E-5 be denied.

BOARD VOTE:  

RJW___  LDS____  MJT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089149	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	129.0000	
3.		
4.		
5.		
6.