RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040003743


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      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 her separation document be corrected to
show that she served in the “Gulf War.”

2.  The applicant states that her separation document does not reflect that
information, and that she needs the entry for education purposes to reduce
her tuition.  She notes that she did received the National Defense Service
Medal.

3.  The applicant provides no evidence in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 July 1999.  The application submitted in this case is
dated
23 June 2004.

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 limitations 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.  Records available to the Board indicate that the applicant entered
active duty on 5 November 1991 and was released from active duty by reason
of physical disability on 6 July 1999.  Her disability stemmed from a 1998
incident when she was required to lift heavy boxes which ultimately
resulted in back pain which rendered her unfit for continued service.

4.  Between September 1994 and January 1998 the applicant was assigned to a
Personnel Services Battalion in Germany.  Her period of overseas service is
recorded in item 12f (foreign service) on her separation document.

5.  Army Regulation 600-8-22 states that individuals with honorable active
service between 2 August 1990 and 30 November 1995 are entitled to an award
of the National Defense Service Medal.  The applicant’s separation document
confirms her entitlement to that decoration.

6.  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 to Army
members who participated in Operation 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), the Liberation and Defense of Kuwait (17 January to 11 April 1991),
and the Cease-fire Campaign (12 April 1991 to 30 October 1995).  There is
no indication that she ever deployed to the Persian Gulf Region.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, that she
deployed to Southwest Asia in support of the Persian Gulf War and as such
there is no basis for a specific entry on her separation document
indicating such participation.  Had the applicant actually deployed to the
Persian Gulf region between the date of her entry on active duty in
November 1991 and October 1995 when the final campaign of the Gulf War
ended, her records would have reflected entitlement to the Southwest Asia
Service Medal.

2.  While the applicant may not have deployed to the Persian Gulf region,
her period of military service was during the “Gulf War era” and that
service was appropriately recognized with an award of the National Defense
Service Medal.  No additional entries on her separation document are
warranted.

3.  The fact that the applicant may not qualify for various state or local
veterans’ programs because her separation document does not include a
statement of service in the “Gulf War” is not evidence of an error or
injustice on her separation document and does not serve as a basis to add
such an entry.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 July 1999; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
5 July 2002.  However, the applicant did not file within the 3-year statute
of limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___TO __  ___JM  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______Mark Manning_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003743                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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