PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           20 July 2000   
	DOCKET NUMBER:   AR1999031530

	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	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell 		Member	
	Mr. Kenneth L. Wright		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 military records by adding to his DD Form 214 (Certificate of Release or Discharge from Active Duty), the award of the Bronze Star Medal (BSM), the Meritorious Service Medal (MSM) and an annotation of his records to show service in Southwest Asia during Operation Desert Shield/Desert Storm from 30 September 1990 through 10 June 1991. 

3.  The applicant states that he received the two awards and his entire unit was deployed to Southwest Asia during the dates shown, but the appropriate entries are not on his DD Form 214 issued at the time he retired in September 1991.  

4.  The applicant’s military records show that he was assigned to the 57th Signal Battalion at Fort Texas, with rank of sergeant first class, pay grade E-7, in September l990.  There is no indication in his official military personnel file that he or his unit redeployed to Southwest Asia for participation in Operation Desert Shield/Desert Storm. 

5.  On 31 August 1991, the applicant was released from active duty for retirement.  He was credited with 20 years and 17 days active service.  His 
DD Form 214, issued on that date shows award of the Army Commendation Medal (two awards), the Army Achievement Medal, the Good Conduct Medal 
(5th award), the National Defense Service medal (two awards), the Noncommissioned Officer Professional Development Medal (with numeral 3), the Army Service Ribbon and the Overseas Service Ribbon (with numeral 4).  No entries are on the form in item 18 (REMARKS) showing overseas service in Southwest Asia.

6.  Army Regulation 600-8-22 governs the military awards program.  This regulation requires formal recommendations, approval through the chain of command, and announcement in orders for all personal decorations. 

7.  The applicant submits with his application a copy of Permanent Order 
101-171, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, on 
28 May 1991, which awarded the BSM to the applicant for meritorious achievement between 17 January and 10 March 1991.  However, his OMPF, his DA Form 2-1 (Personnel Qualification Record) and his DD Form 214 do not contain a record of this award.

8.  Additionally, the applicant submitted a copy of a DA Form 
638 (Recommendation for Award of (the) Army Achievement Medal, (the) Army Commendation Medal, and (the) MSM) which recommended and approved the award of the MSM to the applicant for meritorious service between May 1981 and May 1991.  This recommendation was approved and Permanent Orders A-123-2, was issued by Headquarters, III Corps and Fort Hood, on 21 August 1991.  Again, this award is not filed or recorded in his OMPF, his qualification records or his DD Form 214.  

9.  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.

10.  The DMDC shows that the applicant served in Southwest Asia in connection with Operation Desert Shield/Desert Storm only from 1 October 1990 through 
11 March 1991. 

11.  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).

12.  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.

13.  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.

14.  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 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 has submitted military orders, dated 28  May 1981, which authorizes him the award of the BSM for meritorious achievement from January through March 1991.  

2.  Further, he was recommended for and approved for award of the MSM for meritorious service between May 1981 and May 1991 by orders issued by his command at Fort Hood, dated 21 August 1991.

3.  The applicant’s OMPF and DD Form 214 are silent on his participation in Operation Desert Shield/Desert Storm in Southwest Asia in 1990 and 1991.  However, other evidence available to the Board from the DMDC shows that the applicant actually served in Southwest Asia from 1 October 1990 through 
11 March 1991, not from 30 September 1990 through 11 June 1991, as he claims.  In any case, since this service is less than 6 months, his DD Form 214, in item 18 should be annotated:  “SWA SERVICE: 01OCT90-11MAR91.”

4.  In recognition of his service in that area, he is entitled to the award of the SWASM with two bronze service stars, the KLM-SA and the KLM-K. These awards should be added to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214.  

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show;

a.  in item 13, award of the BSM, the MSM, the SWASM with two bronze service stars, the KLM-SA and the KLM-K; and

b.  in item 18, the entry: “SWA SERVICE: 011090-110391” be made.   

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

BOARD VOTE:  

__sac___  __amc___  __klw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR1999031530	
SUFFIX		
RECON		
DATE BOARDED	20000720	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.00	
2.	107.00	
3.		
4.		
5.		
6.