RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 February 2004
      DOCKET NUMBER:   AR2003090958


      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. Robert J. McGowan             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or
Discharge From Active Duty) be corrected to show that he was awarded the
Army Commendation Medal (ARCOM), the Overseas Service Ribbon (OSR), and the
Combat Infantryman Badge (CIB).

2.  The applicant also requests that his secondary military occupational
specialty (MOS) of 55B (Ammunition Specialist) be added to his DD Form 214.

3.  The applicant states that he earned the ARCOM and CIB during Operation
Desert Storm.

4.  The applicant states he served in Germany with Company B, 1st
Battalion, 41st Infantry, 2nd Armored Division and this entitles him to the
OSR.

5.  The applicant states he held two MOSs -- 11M (Mechanized Infantryman),
and MOS 55B.

6.  The applicant provides:  a short handwritten note; a copy of his DD
Form 214; a copy of an Army/American Council on Education Registry
Transcript, dated 10 May 1995, and showing that he held MOS 55B from
February 1985 through November 1987; a copy of a letter from the National
Personnel Records Center (NPRC), dated 6 November 2002, confirming his
primary MOS as 11M and his secondary MOS as 55B, and showing his
entitlement to the Army Good Conduct Medal (2nd award), National Defense
Service Medal, Southwest Asia Service Medal (with 2 bronze service stars),
NCO Professional Development Ribbon, Army Service Ribbon, Driver and
Mechanic Badge with Driver "W" Bar, Expert Badge with Grenade Bar, Marksman
Badge with Auto Rifle Bar, and Army Lapel Button; a copy of Permanent
Orders 002-043, Headquarters, 2nd Brigade, 1st Infantry Division, Fort
Riley, Kansas, dated 30 May 1991, showing award of the ARCOM for
meritorious service during the period 17 January 1991 to 3 March 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 22 July 1991.  The application submitted in this case is dated
11 May 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military
Records (ABCMR) to excuse failure to file within the 3-year statute of
limitation if the ABCMR determines that it would be in the interest of
justice to do so.  In this case, the ABCMR will conduct a review of the
merits of the case to determine if it would be in the interest of justice
to excuse the applicant’s failure to timely file.

3.  This case is being considered using a copy of the applicant's Personnel
Electronic Records Management System (PERMS) microfiche.

4.  The applicant enlisted in the US Army Reserve Control Group (Delayed
Entry Program, DEP) from 26 June 1984 to 29 August 1984.  On 30 August
1984, he enlisted in the Regular Army and remained on active duty until he
was released on 22 July 1991 and transferred to the US Army Reserve Control
Group (Reinforcement).

5.  The applicant's records indicate that he served on active duty with
Company B, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division,
Fort Riley, Kansas.  During Operations Desert Shield and Desert Storm, the
1st Infantry Division was alerted for deployment to Southwest Asia on 8
November 1990 and deployed incrementally through December 1990.  The
Division returned to Fort Riley on or about 10 May 1991.

6.  The applicant's DD Form 214 shows:  that he served 6 years, 10 months,
and 23 days on active duty; that he served 2 months and 4 days in the DEP;
and that he served 4 months and 6 days overseas.

7.  The applicant's DD Form 214 shows in Item 11 (Primary Specialty) that
he served in MOS 11M for 4 years and 7 months

8.  The applicant's DD Form 214 lists the following awards:  Army Service
Ribbon, Army Lapel Button, National Defense Service Medal, Good Conduct
Medal (2nd award), Driver and Mechanic Badge with Bar, NCO Professional
Development Ribbon, and the Southwest Asia Service Medal with 2 bronze
service stars.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides that the ARCOM 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.

10.  AR 600-8-22, in paragraph 8-6, provides for award of the CIB.
Paragraph 8-6k specifies that, for the Persian Gulf War (Operation Desert
Storm), individuals must have met the criteria in paragraphs 8-6b and c to
be awarded the CIB during the period 17 January 1991 to 11 April 1991.
These paragraphs state that there are basically three requirements for
award of the CIB.  The Soldier must be an infantryman satisfactorily
performing infantry duties, he must be assigned to an infantry unit during
such time as the unit is engaged in active ground combat, and he must
actively participate in such ground combat.  Specific requirements state,
in effect, that an Army enlisted Soldier must have an infantry or special
forces specialty, satisfactorily performed duty while assigned or attached
as a member of an infantry, ranger or special forces unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry or special forces
primary duty, in a unit actively engaged in ground combat with the enemy.

11.  The OSR was established by the Secretary of the Army on 10 April 1981.
 AR 600-8-22 states, in pertinent part, that effective 1 August 1981, all
members of the Active Army, Army National Guard, and Army Reserve in an
active Reserve status are eligible for the award for successful completion
of overseas tours.  The award may be awarded retroactively to those
personnel who were credited with a normal overseas tour completion before
1 August 1981 provided they had an Active Army status on or after 1 August
1981 and the overseas service is not recognized with another U.S. service
medal.  The OSR will not be awarded for overseas service recognized with
another U.S. service medal.  For example, if a Soldier was credited with
overseas tour completions per AR 614-30 for Alaska, Berlin, Germany, and
also served in the Vietnam Conflict and the Persian Gulf War, he or she
would be entitled to the OSR with numeral 2 (Alaska and Germany), the Army
of Occupation Medal (Berlin), the Vietnam Service Medal, and the Southwest
Asia Service Medal.  Numerals will be used to denote second and subsequent
awards of the OSR.

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.  AR 635-5, Separation Documents, prescribes the separation documents
that must be prepared for soldiers on retirement, discharge, release from
active duty service, or control of the Active Army.  It establishes
standardized policy for preparing and distributing the DD Form 214 and
states for Item 11(Primary Specialty):

      a.  From the Enlisted Record Brief, enter the titles of all MOSs
served for at least 1 year and include for each MOS the number of years and
months served.  For time determination, 16 days or more count as a month.
Do not count basic training and AIT.

      b.  For an enlisted Soldier, also specify the first 5 characters of
the primary MOS code (MOSC), which includes the 3 characters of the MOS,
the fourth character of skill and grade level in the MOS, and the fifth
character of a special qualification identifier (SQI), if applicable.
Enter "O" when not applicable.  When MOSC merge at the skill level 5, make
separate entries for the highest skill level in each MOSC below the skill
level 5.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a copy of orders to support his award of the
ARCOM for meritorious service from 17 January 1991 to 3 March 1991.  This
award should be added to his DD Form 214.

2.  Although the applicant had an infantry MOS and served in an infantry
unit during Operation Desert Storm, there are no orders awarding him the
CIB.  It is impossible to tell from the records available whether the
applicant actually participated in combat during Operation Desert Storm.

3.  The applicant had 4 months and 6 days of foreign service.  Based upon
the time frame for the deployment and redeployment of the 1st Infantry
Division during Operations Desert Shield/Storm, it would appear that the
applicant's foreign service was in Southwest Asia, for which he received
the Southwest Asia Service Medal.  There is no indication the applicant
served in Germany, but even if he did, his brief service there would not
have constituted a complete tour and would not have qualified for an OSR.

4.  Although the applicant provided a copy of an Army/American Council on
Education Registry Transcript, dated 10 May 1995, showing that he held MOS
55B from February 1985 through November 1987, there is no Enlisted Record
Brief on his PERMS microfiche to verify that information and support its
inclusion on the applicant's DD Form 214.

5.  As a participant in Operation Desert Shield/Storm, the applicant is
authorized award of the KLM-SA and KLM-K.  These awards should be added to
his DD Form 214.

BOARD VOTE:

__rjw___  __mhm___  __rld___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that he was
awarded the ARCOM, the KLM-SA, and the KLM-K.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the CIB and OSR, and the addition of MOS 55B to his DD Form 214.




                 Raymond J. Wagner
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090958                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040219                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |107.0089                                |
|3.                      |107.0079                                |
|4.                      |107.0111                                |
|5.                      |100.0500                                |
|6.                      |                                        |