PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             2 March 2000                 
	DOCKET NUMBER:    AR1999030965

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman 		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 item 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployments to Kuwait and Egypt.  He also requests that item 
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show award of the Army Achievement Medal, the Southwest Asia Service Medal, the Army Commendation Medal and the Expert Qualification Badge with Rifle Bar.   

3.  The applicant states that he was deployed to Kuwait from 8 October 1994 to 22 November 1994 in support of Operation Vigilante Warrior and deployed to Egypt for a training mission for 73 days during October – December 1995.  He also contends that he was awarded the Army Achievement Medal during his deployment in Kuwait, that he actually received the Southwest Asia Service Medal and that he was awarded the Army Commendation Medal for his expiration term of service; however, these medals are not shown on his DD Form 214.  He states that his DD Form 214 shows the Sharpshooter Qualification Badge with Rifle Bar but that he never scored lower than expert on the rifle range.  In support of his application, he submits an award certificate for the Army Achievement Medal, a Certificate of Service for Operation Vigilant Warrior and a DA Form 638-1 (Recommendation for Award) for the Army Commendation Medal dated 9 April 1996.  

4.  The applicant’s military records show that he enlisted on 29 December 1993, served as a cannon fire direction specialist and was honorably discharged on
9 May 1996.

5.  Item 12f (Foreign Service of the applicant’s DD Form 214 shows “0000 00 00”.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Army Achievement Medal, the Southwest Asia Service Medal, the Army Commendation Medal or the Expert Qualification Badge with Rifle Bar as authorized awards.   

6.  Item 5 (Oversea Service) on the applicant’s DA Form 2-1 (Personnel Qualification Record) is blank.  

7.  The Defense Manpower Desert Shield/Desert Storm Data Base shows the applicant served in Southwest Asia from 1 October 1994 to 30 November 1994. 

8.  The applicant provided an award certificate, Permanent Order Number
05-100, dated 15 December 1994, which shows the applicant was awarded the Army Achievement Medal for the period 9 October 1994 to 1 December 1994 for meritorious achievement.

9.  The applicant provided a copy of DA Form 638-1 (Recommendation for Award), dated 15 April 1996, which shows he was recommended for award of the Army Commendation Medal for the period 10 May 1994 to 9 May 1996.  However, the DA Form 638-1 shows the approval authority for the Army Achievement Medal approved the award, not the approval authority for the Army Commendation Medal.  The DA Form 638-1 is incomplete, item 25b (Date) and item 26 (Approved Award) are blank.  Additionally, item 25a (Permanent Order Number) shows “05-100”.  The Board notes this order number is the same order number shown on the applicant’s award certificate for his Army Achievement Medal issued on 15 December 1994.

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the Sharpshooter Qualification Badge with Rifle Bar as an authorized award.  Item 9 (Awards, Decorations & Campaigns) on the applicant’ DA Form 2-1 (Personnel Qualification Record) shows he qualified for the Sharpshooter Qualification Badge with Rifle Bar on 3 February 1994.  There is no evidence in the applicant’s personnel records that he qualified for the Expert Qualification Badge with Rifle Bar. 

11.  Army Regulation 635-5 (Personnel Separations) 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 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.  

12.  Army Regulation 635-5 also provides instructions for preparation for each specific block on the DD Form 214 and directs that an entry be provided in each block.  There is no authorized block on the DD Form 214 to show deployment entries.

13.  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.
14.  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 serving in Southwest Asia and contiguous waters or airspace 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).

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in Southwest Asia from 
1 October 1994 to 30 November 1994.  Therefore, in accordance with the governing regulation, he is entitled to correction of item 18 (Remarks) on his DD Form 214 to show his dates of service in Southwest Asia.    

2.  The Board noted the applicant’s contention that he deployed to Egypt for a training mission for 73 days in 1995.  However, in accordance with the governing regulation, deployments are not shown on the DD Form 214.         

3.  The applicant was awarded the Army Achievement Medal on 15 December 1994; therefore, he is entitled to correction of his DD Form 214 to show this award. 

4.  The applicant is entitled to correction of his DD Form 214 to show award of the Southwest Asia Service Medal with one bronze service star for his service in Southwest Asia from 1 October 1994 to 30 November 1994.

5.  The Board noted the applicant’s contention that he is entitled to award of the Army Commendation Medal and the DA Form 638-1 provided with his application.  However, evidence of record shows that the DA Form 638-1, dated 16 April 1996, is incomplete.  There is no evidence of record available to the Board which shows the applicant was awarded the Army Commendation Medal.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show award of the Army Commendation Medal.  

6.  Although the applicant contends that he qualified for the Expert Qualification Badge with Rifle Bar, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he qualified for or was awarded this badge.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Expert Qualification Badge with Rifle Bar.   

7.  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: 

a.  by showing the entry “SWA SERVICE: 1OCT94-30NOV94” in item
18 (Remarks) on the DD Form 214 of the individual concerned; and
  
	b. by adding the entries “Army Achievement Medal” and “Southwest Asia Service Medal with one bronze service star” on his DD Form 214.

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

BOARD VOTE:  

ESC____  SK______  KAN____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Edwin S. Castle_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999030965	
SUFFIX		
RECON		
DATE BOARDED	20000302	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19960509	
DISCHARGE AUTHORITY	AR 635-200, Chapter 4  	
DISCHARGE REASON	Completion of Required Active Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0025	
2.	107.0074	
3.	113.0000	
4.		
5.		
6.