MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            23 March 2000
	DOCKET NUMBER:   AR1999029938

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Roger Able		Member	
	Mr. James E. Anderholm		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Southwest Asia Service Medal and any other awards to which he may be entitled.

APPLICANT STATES:  That the Southwest Service Medal was omitted from his records because he retired “before award was authorized”.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant completed over 20 years of active Federal service and was retired for length of service on 30 June 1991.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Southwest Asia Service Medal as an authorized award. 

The applicant’s records contain a NCO Evaluation Report covering the period November 1989 through October 1990.  This NCOER shows the applicant’s duty position as “Telephone Control Officer” in Mainz, Germany.

A memorandum for record and the applicant’s request for retirement indicate that he was a member of the rear detachment of the 5th Battalion, 3d Air Defense Artillery in Germany on 7 Mar 1991.

The applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) does not indicate that he deployed to Southwest Asia during Operation Desert Shield or Desert Storm.  His DA Form 2-1 shows that he departed Germany for the United States on 10 May 1991.

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.  This data base does not contain the applicant’s name.

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 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.

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he served in Southwest Asia.  Therefore, he is not entitled to correction of is records to show award of the Southwest Asia Service Medal or any other awards associated with service in Southwest Asia.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___JA___  ___SEP__  ___RWA__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029938	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/03/23	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19990631	
DISCHARGE AUTHORITY	AR 635-200, CHAP 12	
DISCHARGE REASON	LENGTH OF SERVICE	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.