RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 MAY 2005
      DOCKET NUMBER:  AR20040006520


      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:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Diane Armstrong               |     |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 1991 separation document be corrected
to reflect award of the Combat Infantryman Badge, the Army Good Conduct
Medal, “Persian Gulf Medals,” an “Overseas Ribbon,” and an Army
Commendation Medal.

2.  The applicant states the awards were never “put on” his separation
document.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 May 1991.  The application submitted in this case is
dated
20 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 requested correction of his records to show award of the
Army Commendation Medal.  There are no orders or other evidence authorizing
award of this decoration.  In the absence of a proper award authority for
this decoration, the applicant may request award of the Army Commendation
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, it will not be discussed further in the Record of Proceedings.

4.  Records available to the Board indicate that the applicant was a member
of the United States Army Reserve.  A May 1990 order indicates that he was
voluntarily reassigned from Company D, 2nd Battalion, 323rd Regiment in
Clemson, South Carolina to the 489th Civil Affairs Company in Knoxville,
Tennessee effective 17 May 1990.

5.  He was ordered to, and entered active duty, in support of Operations
Desert Shield/Desert Storm on 27 December 1990.  His 1991 separation
document indicates that he served in Southwest Asia between 22 January 1991
and
22 April 1991.

6.  A performance evaluation report for the period November 1990 through
May 1991 indicates that the applicant, in spite of holding a primary
specialty of 11B (infantryman), was performing duties as an administrative
supervisor (71L).  The report indicated that the applicant supervised
administrative functions of the Public Communications Team during Operation
Desert Storm.  It also noted that an “area of special emphasis” was “laying
commo wire for communication and operation hookups” and “building and
clearing the area for a better defense and a safe environment.”

7.  On 4 May 1991 he was released from active duty.

8.  His 1991 separation document does not reflect entitlement to the Combat
Infantryman Badge, the Army Good Conduct Medal, the Overseas Service
Ribbon, which the applicant referred to as the “Overseas Ribbon,” or
ribbons associated with service in Southwest Asia, which he referred to as
“Persian Gulf Medals.”  However, in January 1993 the applicant’s 1991
separation document was amended to add entitlement to the Southwest Asia
Service Medal with 2 bronze service stars and one Kuwait Liberation Medal.


9.  There are basically three requirements for award of the Combat
Infantryman Badge.  The soldier must be an infantryman (11 series
specialty), assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must have actively participated in
such ground combat.

10.  Army Regulation 600-8-22 states that the Army Good Conduct Medal may
be awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active Federal
military enlisted service.  A qualify period of service is generally 3
years.  Eligible individuals include enlisted members of the Active
Component and Active Guard Reserve.  In the case of members of the Active
Guard Reserve the period of qualifying service cannot duplicate the same
period of service for which the Soldier has been awarded the Army Reserve
Components Achievement Medal.

11.  The Overseas Service Ribbon was established by the Secretary of the
Army on 10 April 1981.  Army Regulation 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.  However, the Overseas
Service Ribbon will not be awarded for overseas service recognized with
another U.S. service medal.

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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have held an infantry specialty, there is no
evidence that he performed duties as an infantryman, was assigned to an
infantry unit, or was engaged in actual ground combat while in Southwest
Asia.  As such, he does not meet the eligibility requirements for award of
the Combat Infantryman Badge.

2.  The applicant was not a member of the Active Component or a member of
the Active Guard Reserve.  Additionally, he did not completed 3 years of
active Federal service and as such, is not entitled to an award of the Army
Good Conduct Medal.

3.  The applicant’s overseas service was recognized by an award of the
Southwest Asia Service Medal and as such, he would not be entitled to an
Overseas Service Medal.

4.  The evidence does, however, confirm that the applicant is entitled to
both the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(KLM-SA) and the Kuwait Liberation Medal awarded by the Government of
Kuwait (KLM-K).  His separation document reflects entitlement to only one
Kuwait Liberation Medal.  In view of the fact that his corrected separation
document was completed in 1993 it is likely that the correction was meant
to show entitlement to the Kuwait Liberation Medal awarded by the Kingdom
of Saudi Arabia and approved for acceptance by U.S. forces in 1992.
However, because the applicant is entitled to both awards, in the interest
of clarity it would be appropriate to correct the applicant’s records to
show entitlement to the Kuwait Liberation Medal (KLM-SA) and the Kuwait
Liberation Medal (KLM-K) vice the single Kuwait Liberation Medal entry.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SP ___  ___PM __  ___DA __  GRANT PARTIAL 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 the
applicant is entitled to the Kuwait Liberation Medal (KLM-SA) and the
Kuwait Liberation Medal (KLM-K) vice the single Kuwait Liberation Medal
entry.

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
Combat Infantryman Badge, the Army Good Conduct Medal, and the Overseas
Service Ribbon.



                                  ____ Shirley L. Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006520                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050503                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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