MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 October 2002
	DOCKET NUMBER:   AR2002075111

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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:  In effect, that his military record be corrected to show his foreign service in Kuwait and that he received the Kuwait Liberation Medal.

APPLICANT STATES:  In effect, that his separation document (DD Form 214) does not reflect the time he served in Kuwait from 8 August 2001 to 13 October 2001, and/or that he is entitled to receive the Kuwait Liberation Medal.  He states that he was transferred out of Kuwait early due to mental stress.  In support of his application, he submits a copy of his DD Form 214 and his Personnel Qualification Record (DA Form 2-1).

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

On 8 May 2000, he entered active duty in the Regular Army for 4 years.  He completed training in, was awarded, and served in military occupational specialty (MOS) 92A (Automated Logistical Specialist).  

The applicant’s DA Form 2-1 shows that the highest rank he held on active duty was private/E-2, and that the only award he received was the Army Service Ribbon.  Item 5 (Oversea Service) of the applicant’s DA Form 2 is blank, which indicates he completed no overseas service during his tenure on active duty.  

The DD Form 214, issued to and signed by the applicant on the date of his separation 26 March 2002, confirms that he was discharged, by reason of a physical condition, not a disability, after completing 1 year, 10 months, 19 days of active military service.  Item 12f (Foreign Service) contains the entry 0 years, 
0 months, and 0 days, indicating he completed no foreign service while serving on active duty.  Finally, the applicant’s name does not appear on the Department of the Army Gulf War Data Bank.  

The Kuwait Liberation Medal was authorized by the Kingdom of Saudi Arabia (KLM-SA) on 3 January 1992, and it was 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 was authorized by the Government of Kuwait 
(KLM-K) on 9 November 1995, and it was 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.

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214. The instructions for completion of Item 12f (Foreign Service) states that the amount of foreign service listed will reflect that period of foreign service listed in the personnel qualification record. 

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.  The Board notes the contention of the applicant that his DD Form 214 should be corrected to show his foreign service in Kuwait and to reflect his entitlement to the Kuwait Liberation Medal.  However, it finds insufficient evidence to support these claims. 

2.  The evidence of record provides no indication that the applicant ever served overseas or that he was awarded the Kuwait Liberation Medal.  Further, the independent evidence provided by the applicant also provides no evidence to confirm that he ever served in Kuwait or was entitled to receive the Kuwait Liberation Medal.

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

__RJW__  __RWA__  __JTM__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075111	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0089	
2.		
3.		
4.		
5.		
6.