RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           24 February 2004
      DOCKET NUMBER:   AR2003091365


      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 P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Raymond V. O’Connor           |     |Chairperson          |
|     |Ms. Margaret V. Thompson          |     |Member               |
|     |Mr. Lawrence Foster               |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Army
Commendation Medal (1st Award).

2.  The applicant states that there was a typographical error made on the
orders awarding him the Army Commendation Medal.  The orders contain a
single digit error in the applicant’s social security number (SSN).

3.  The applicant provides a copy of Headquarters, 3d Brigade, 3d Armored
Division Permanent Orders Number 04-39, dated 22 March 1991, announcing
award of the Army Commendation Medal (1st Award) to the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 16
June 1994. The application submitted in this case is dated 5 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.  The applicant's military records show that he enlisted in the Army on
19 July 1989 for a period of 2 years, 17 weeks.  He underwent basic combat
and advanced individual training in Military Occupational Specialty (MOS)
16S10 (MANPADS Crewmember).  The applicant served in Germany for 21 months.
 During his Germany tour, he deployed with his unit to Saudi Arabia and
participated in Operations Desert Shield and Desert Storm.  He served in
Saudi Arabia from 2 January to 19 June 1991.  The applicant returned to
Germany with the unit, completed his tour of duty, and returned to the
United States, where he was honorably separated upon expiration of his term
of service from the Army on 25 October 1991.  On 17 March 1993, the
applicant re-enlisted in the Army to train in a new MOS.  He was honorably
separated, as part of a reduction in force, on 16 June 1994.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214, dated 25 October
1991, shows that he is entitled to the following decorations: the Army
Service Ribbon; the Overseas Service Ribbon; the National Defense Service
Medal; the Southwest Asia Service Medal with two bronze service stars; the
Sharpshooter Marksmanship Badge with Rifle Bar; and, the Expert
Marksmanship Badge with Grenade Bar.  No other awards or decorations are
listed.

5.  Item 13 of the applicant’s DD Form 214, dated 16 June 1994, shows that,
in addition to the decorations listed in paragraph 4 above, he is entitled
to the Army Lapel Button and the Overseas Service Ribbon with Numeral 1.
This DD Form 214 does not show award of either the Sharpshooter or Expert
Marksmanship Badges.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army Commendation Medal 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.

7.  Army Regulation 600-8-22 provides that marksmanship badges are awarded
to indicate the degree in which an individual has qualified in prescribed
weapons firing courses or events.  The badges, listed from the highest to
lowest degree of marksmanship, are the Expert Badge, the Sharpshooter Badge
and the Marksman Badge.  Only the highest degree of marksmanship is listed
on an individual's separation document.

8.  Army Regulation 600-8-22 shows that the Secretary of the Army
established the Overseas Service Ribbon on 10 April 1981.  The regulation
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
ribbon denotes the first award and numerals, starting with the numeral 2,
are used to denote the second and subsequent awards of the Overseas Service
Ribbon.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) governs the requirements for the overseas service bar.  In
pertinent part, it provides that a bar is authorized for wear for each
period of active Federal service as a member of the U.S. Army outside of
the continental limits of the United States for the specific time frames
and areas of operation cited in Army Regulation 670-1 or appropriate
Department of the Army message. There are special provisions regarding
authorization for the overseas service bar for service in a hostile fire
zone and for combining service to calculate award of the bars.  For
Operation Desert Storm, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
the Persian Gulf from 17 January 1991 to 31 August 1991.  Both the month of
arrival and the month of departure from the Persian Gulf are counted as
whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders Number 04-39, provided by the applicant, show that he
was awarded the Army Commendation Medal for Meritorious Achievement for the
period 17 January 1991 to 28 February 1991.  While there is a one-digit
error in the SSN on the orders, it is apparent that these orders were
published to award the applicant the Army Commendation Medal.  All other
information in the orders pertains to the applicant, i.e., name, rank,
unit, etc.  Therefore, he is entitled to correction of these Permanent
Orders to show his correct SSN and all other records to show award of the
Army Commendation Medal.

2.  Regulations provide that only the highest degree of marksmanship is
listed on an individual's separation document.  Therefore, the applicant’s
DD Form 214, dated 16 June 1994, should be corrected by deleting the
Sharpshooter Badge with Rifle Bar and showing only the Expert Marksmanship
Badge with Grenade Bar.

3.  Regulations provide that the ribbon itself denotes the first award of
the Overseas Service Ribbon.  Regulations further provide for award of an
Overseas Service Ribbon when overseas service is not recognized by another
U.S service medal.  The applicant’s duty in the Persian Gulf was recognized
by award of the Southwest Asia service medal, as shown in the evidence of
record.  Therefore, the applicant’s DD Form 214, dated 16 June 1994, should
be corrected to show the Overseas Service Ribbon (with no numerals).

4.  Evidence of record shows that the applicant is eligible for one
overseas service bar.  Therefore he is entitled to correction of his
records to show this service bar.

5.  Since there are errors in both of the applicant’s DD Forms 214, it
would be simpler to prepare one DD Form 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty), showing all
authorized awards and decorations.  Therefore, a DD Form 215 should be
prepared, correcting Item 13 of the applicant’s last DD Form 214, dated 16
June 1994, showing that the applicant is entitled to the following awards
and decorations: the Army Commendation Medal; the Southwest Asia Service
Medal with two bronze service stars; the National Defense Service Medal;
the Army Service Ribbon; the Overseas Service Ribbon; the Expert
Marksmanship Badge with Grenade Bar; one overseas service bar; and, the
Army Lapel Button.

BOARD VOTE:

___mvt__  ___lf ___  ____rvo__  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 relief and to excuse failure to timely file.
As a result, the Board recommends that Headquarters, 3d Brigade, 3d Armored
Division Permanent Orders Number 04-39, dated 22 March 1991, announcing
award of the Army Commendation Medal (1st Award) to the individual, be
corrected to show the individual’s correct SSN.

2.  The Board further recommends that all Department of the Army records of
the individual concerned be corrected by correcting Item 13 of his DD Form
214 to show the following decorations, medals and badges:

      a. the Army Commendation Medal;

      b. the Southwest Asia Service Medal with two bronze service stars;


      c. the National Defense Service Medal;


      d. the Army Service Ribbon;

      e. the Overseas Service Ribbon;


      f. the Expert Marksmanship Badge with Grenade Bar;


      g. one overseas service bar; and,


      h. the Army Lapel Button.





            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2003091365                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040224                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |