RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 MAY 2005
      DOCKET NUMBER:  AR20040006301


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show that he served in Saudi
Arabia with his battalion between August 1990 and November 1990.

2.  The applicant states that he was stationed in Saudi Arabia at the
beginning of Operation Desert Storm.  He needs this information on his DD
Form 214 in order to have some medical tests done.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 November 1990.  The application submitted in this case
is dated 16 August 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.  The applicant enlisted in the Army for 3 years on 1 August 1979 and
remained on continuous active duty until his discharge in 1990 in the rank
of staff sergeant. His personnel qualification record shows that he served
in Germany for              36 months from July 1986 to July 1989.  That
record shows that in August 1989 the applicant was assigned to Headquarters
and Headquarters Company (HHC), 2nd Battalion, 8th Cavalry, of the 1st
Cavalry Division, stationed at Fort Hood, Texas.

4.  A Statement of Medical Examination and Duty Status (DA Form 2173) shows
that on 26 September 1990 the applicant slipped and fell on the garage
floor in his home in Killeen, Texas, injuring his back.  His injury was in
line of duty.

5.  On 31 October 1990 the applicant requested a hardship discharge.  His
commanding officer [Commanding, HHC, 2nd Battalion, 8th Cavalry, showing an
APO (Army Post Office) address] recommended approval, and stated that the
applicant’s son was suffering from a high level of anxiety and emotional
distress, and that his condition had been aggravated to an excessive degree
since the applicant’s deployment to Saudi Arabia.  The battalion chaplain
supported the applicant’s request, stating that he had counseled the
applicant and his family while at Fort Hood, and had observed and spoken
with the applicant several times since coming to Saudi Arabia.  The
Commander of the 1st Brigade,           1st Cavalry Division approved the
request on 3 November 1990.

6.  The applicant was discharged at Fort Hood on 26 November 1990.  His
  DD Form 214 shows that he had 2 years, 11 months, and 21 days of foreign
service (his service from 1986 to 1989 in Germany) but does not reflect
service in Saudi Arabia, nor does it show any awards received for service
in Saudi Arabia.

7.  Army Regulation 635-5 provides instructions for the preparation and
issuance of the DD Form 214, and requires that the record of foreign
service, e.g., years, months, and days, be entered on that form; however,
it does not provide for entries showing the location of the foreign service
for Regular Army Soldiers.

8.  The Southwest Asia Service Medal is awarded to Soldiers for service in
Saudi Arabia and Kuwait for the period 2 August 1990 to 30 November 1995.
The National Defense Service Medal is awarded for honorable active service
for any period between 2 August 1990 to 30 November 1995.

9.  The Awards Branch, Human Resources Command web site show that the
2nd Battalion, 8th Cavalry, was awarded the Meritorious Unit Commendation
for its actions during the period 16 September 1990 to 15 March 1991.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Saudi Arabia at least part of October and
November 1990; however, the dates of his service there cannot be
determined.  Nonetheless, there is no requirement to show the location of
his foreign service on his DD Form 214.  In this respect, there is no error
and his record is correct.

2.  By the same token, however, the applicant is entitled to award of the
Southwest Asia Service Medal, and by correcting his DD Form 214 to reflect
this award, it will in effect, show that he served in Saudi Arabia;
consequently, granting his request.

3.  In so correcting his record, it would be proper to reflect the other
awards he is entitled to, the National Defense Service Medal, and the
Meritorious Unit Commendation.
BOARD VOTE:

___RW__  ___BE __  ___LD  __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 all Department of the Army records of the
individual concerned be corrected by showing award of the Southwest Asia
Service Medal, an indication that he served in Saudi Arabia; the National
Defense Service Medal; and the Meritorious Unit Commendation.




                            ____ Raymond Wagner_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006301                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050519                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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