PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            24 August 2000
	DOCKET NUMBER:   AR1999033869

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was entitled to award of the Good Conduct Medal (GCMDL).  He also requests that his DD Form 214 be corrected to show his Southwest Asia service.

3.  The applicant states, in effect, that he believes he is entitled to award of the GCMDL but he was never awarded it.  He also states that the 3 months and 
14 days that are shown on his DD Form 214, Item 12f (Foreign Service) is time that he served in Belize, Central America.  Item 12f does not show his Operation Desert Shield/Desert Storm service.  He submits a copy of his DD Form 214; a letter written in his own behalf; a letter from the Veterans of Foreign Wars; orders #244-715 issued by Headquarters, 4th Infantry Division, Fort Carson, Colorado assigning him to temporary duty in support of Operation Desert Shield; and a copy of page 19 from Army Regulation 672-5-1 in support of his request.

4.  The available records show that the applicant enlisted in the Regular Army on 
5 July 1990.  The Defense Manpower Data Center (DMDC) shows that he served in Southwest Asia (Operation Desert Shield/Desert Storm from 2 November 
1990-8 June 1991.  The available records do not show the dates that he served in Belize, Central America.  On 31 October 1992, he was honorably discharged.

5.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Kuwait Liberation Medal (KLM), the Southwest Asia Service Medal with 3 bronze service stars, the Army Service Ribbon, the Expert Badge (Rifle M-16) and the Army Lapel Button.

6.  His DD Form 214 does not show service in Southwest Asia or the GDMDL.  It does credit him with 3 months and 14 days foreign service, presumably his service in Belize.  His Belize service should not be shown.  However, this agency will not delete it, due to the fact that this agency does not delete or add information to a separation document that would make it worse. 

7.  Further, there is no evidence of derogatory information in his available records nor is there any evidence to show that he was disqualified by his unit commander for award of the GCMDL.  

8.  Army Regulation 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  

9.  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.  It was initially shown on the applicant’s separation documents simply as the KLM.

10.  The Kuwait Liberation Medal was awarded by the Government of Kuwait 
(KLM-K) and was approved on 9 November 1995.  It 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.

11.  The 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.

12.  Army Regulation 635-5 establishes the policies and procedures 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, the 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.  Evidence of record shows that the applicant served in Southwest Asia from 
2 November 1990-8 June 1991.  Therefore, he is entitled to have his records corrected to show this service in Item 18 on his DD Form 214.  He is also entitled to have his foreign service credit in Item 12f changed to show 10 months and 
20 days.

2.  Even though the applicant served less than 3 years, there is no evidence his unit commander ever denied him the award of the GCMDL.  Therefore, he is entitled to award of the GCMDL.  

3.  The applicant is entitled to have the KLM shown on his DD Form 214 corrected to show the KLM-SA.

4.  He was also granted the KLM-K after his separation from active duty.  Accordingly, the applicant is entitled to correction of his records to show this award.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected and that the individual concerned be issued a DD Form 215 (Correction to 
DD Form 214) showing:

       a.  that in Item 12f his foreign service equals 10 months and 20 days.

       b.  that in Item 13 (Decorations, Medals, Badges, Citations, and Campaign 
Ribbons Awarded) the individual concerned was awarded the GCMDL, the
KLM-SA, and the KLM-K; and

       c.  that in Item 18 the individual concerned served in Southwest Asia from 2NOV90-8JUN91.

BOARD VOTE:

_gdp___  _clg___   __alr_____  GRANT AS STATED IN RECOMMENDATION

_______  ________  ________  GRANT FORMAL HEARING

_______  ________  ________  DENY APPLICATION

		   __George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR1999033869	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19921031	
DISCHARGE AUTHORITY	AR635-200  Chapter 4	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0074	
2.		
3.		
4.		
5.		
6.