PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                15 February 2000
	DOCKET NUMBER:        AR1999032618

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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 an updated DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows time served and all military medals to which he is entitled.

3.  The applicant states that his current DD Form 214 only shows his service during the Gulf War and needs to be amended to show all of his service and medals.

4.  The applicant’s military records show that he served in the U.S. Navy from 5 September 1984 to 4 September 1989.  He enlisted in the Army National Guard on 13 November 1989 and was called to active duty in support of Operation Desert Storm on 3 January 1991.  The applicant served in Southwest Asia from 2 February 1991 to 4 May 1991.  He was discharged on 27 May 1991 and returned to control of the Army National Guard.  He was discharged from the Army National Guard on 13 October 1994.

5.  The records available to the Board contain DD Form 214 with a separation date of 4 September 1989 and a National Guard Bureau Form 22 (Report of Separation and Record of Service) with an effective date of 13 October 1994.  

6.  The applicant’s records also contain a DD Form 214 with a separation date of 27 May 1991 which covers only his active duty in support of Operation Desert Storm.  The DD Form 214 was amended by a DD Form 215, dated 27 August 1991.  This DD Form 215 added awards received during his service in the Navy, corrected his Army awards and added his Southwest Asia awards.

7.  Review of the applicant’s records and discharge documents reveals that his DD Form 214 with a separation date of 27 May 1991 correctly shows in item 12 (Record of Service) the applicant’s 4 months and 25 days of active duty in support of Operations Desert Storm in item 12c (Net Active Service This Period), the applicant’s 5 years of Navy Service in item 12d (Total Prior Active Service), the applicant’s inactive service (Delayed Enlistment Program, Naval Reserve, and Army National Guard) as 1 year 4 months and 8 days in item 12e (Total Prior Inactive Service), and his foreign service in Southwest Asia from 2 February 1991 and 4 May 1991 as 3 months and 2 days in item 12f (Foreign Service).  

8.  Review of the applicant’s discharge document with a separation date of 27 May 1991, as amended by a DD From 215 issued on 27 August 1991, shows that he is entitled to two awards of the Navy-Marine Corps Overseas Service Ribbon, the Navy Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Southwest Asia Service Medal with 1 Bronze Service Star.

9.  Review of the applicant’s records shows that he was awarded the Army Reserve Components Achievement Medal on 13 November 1993.  However, this award was authorized after the separation date (27 May 1991) of the applicant’s last DD Form 214.  

10.  The applicant’s National Guard Bureau Form 22 shows the entry “NYS OP D S SVC MDL-1” [New York State Operation Desert Storm Service Medal] which is an award established and awarded by the State of New York.  As such, this award is not governed by Department of the Army regulations and is not authorized for entry on a DD Form 214.

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).  The applicant’s DD Form 215 shows entitlement to the Southwest Asia Service Medal with one bronze service star.

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 total prior active service and total prior in active service will be shown for all previous periods of service in items 12d and 12e, respectively.

15.  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 214 will be entered in item 12f.  In effect, this does not permit foreign service which appears on a previous DD Form 214 to be carried forward and summarized on a later DD Form 214, except on a DD Form 214 issued at the time of retirement.

16.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
will be completed to show the decorations awarded or authorized for all periods of service.  However, awards authorized for service or actions occurring after the separation date of a particular DD Form 214 cannot be added to that DD Form 214.

CONCLUSIONS:

1.  Calculations derived from dates of service contained in the applicant’s records and shown on his discharge documents reveal that item 12 (Record of Service) on his DD Form 214 with a separation dated of 27 May 1991 correctly shows the his 4 months and 25 days of active duty in support of Operations Desert Storm, his 5 years of Navy Service, his inactive service (Delayed Enlistment Program, Naval Reserve, and Army National Guard), and his foreign service in Southwest Asia.  Therefore, item 12 of the DD Form 214 with a separation dated of 27 May 1991 is correct as currently constituted and will not be corrected or otherwise amended.

2.  The applicant was awarded the Army Reserve Components Achievement Medal on 13 November 1993 for a period of service which ended after the separation date of the applicant’s latest period of active duty.  Therefore, he is not entitled to correction of this DD Form 214 with a separation date of 27 May 1991 to show award of the Army Reserve Components Achievement Medal.

3.  The applicant was recognized by the State of New York with the New York State Operation Desert Storm Service Medal.  Since it is a State of New York award it may not be entered on a DD Form 214.  Therefore, he is only entitled to have this award shown on his National Guard records.

4.  Based on the applicant’s dates of service in Southwest Asia, he is entitled to award of the Southwest Asia Service Medal (SWASM) with two bronze service stars; therefore, he is entitled to correction of his DD Form 215 to show the Southwest Asia Service Medal with two bronze service stars instead of one bronze service star.

5.  The applicant is entitled to award of the Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the Government of Kuwait; therefore, he is entitled to correction of his records to show these awards.

6.  There is no indication that the applicant is entitled to any additional awards; therefore, he is not entitled to any additional corrections to his DD Form 214 with a separation date of 27 May 1991.

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 deleting the entry award of the Southwest Asia Service Medal with one bronze service star from the DD Form 215, dated 27 August 1991;

	b.  by correcting his DD Form 214 with a separation date of 27 May 1991 to show award of the Southwest Asia Service Medal with two bronze service stars; and

	c.  by showing he was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

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

BOARD VOTE:  

FE_____  KAK_____  RA______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032618	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910527	
DISCHARGE AUTHORITY	AR 635-200, CHAP 4. . . . .  	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	110.0400.000	
2.		
3.		
4.		
5.		
6.