RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 OCTOBER
      DOCKET NUMBER:  AR2004105356


      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. Jennifer Prater               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |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, in effect, that his 1991 separation document be
corrected to show that he was awarded the Combat Infantryman Badge, an Army
Commendation Medal, the Army Achievement Medal, and the Southwest Asia
Service Medal.  He also requests that his grade at separation be corrected
to show he was separated in pay grade E-4 vice E-3.

2.  The applicant states, in effect, that the awards are missing from his
separation document and that it shows an incorrect grade.

3.  The applicant provides copies of documents authorizing him the
requested awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 July 1991.  The application submitted in this case is
dated
27 August 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.  Records available to the Board indicate that the applicant entered
active duty on 22 July 1987.  He was promoted to pay grade E-3 on 22 July
1988.

4.  In January 1989 he was assigned to an infantry unit in Germany.

5.  According to documents contained in the applicant’s file, and provided
by him, he was deployed to Southwest Asia in support of Operation Desert
Storm in January 1991.  It is unclear when the applicant departed Southwest
Asia.  One document suggests he returned to Germany in February 1991 and
another suggests in March 1991.

6.  On 3 April 1991 the applicant was awarded the Combat Infantryman Badge
and on 20 April 1991 he was awarded the Army Commendation Medal.  Both
awards were confirmed in orders, however, both awards were omitted from his
separation document.

7.  The Army Achievement Medal citation, submitted by the applicant in
support of his request, was issued on 17 July 1991 and recognized the
applicant’s meritorious service between December 1988 and July 1991.  The
certificate does not contain an order number citation, but does reflect the
signature of a battalion commander, an authorized awards approval
authority, and the imprinted signature of Michael P.W. Stone, who was
Secretary of the Army at that time.

8.  A Personnel Qualification Record, contained in the applicant’s file,
indicates he was promoted to pay grade E-4 on 1 January 1990.  All of his
award documents, and separation processing documents, including his
separation order indicate the applicant was serving in pay grade E-4 (SP4)
at the time of his separation.

9.  On 19 July 1991 the applicant was released from active duty with an
honorable characterization of service.  His separation document indicates
that he was separated in pay grade E-3 (item 4b), that his rank was PFC
(Private First Class-item 4a) and that his effective date of pay grade
(item 12h) was 22 July 1988.  He received an RE (Reentry) Code of 1,
indicating that he was fully qualified for reenlistment at the time of his
separation.

10.  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 (SWASM) to
Army members who participated in Operations Desert Shield/Desert Storm in
the designated area on or after 2 August 1990.  A bronze service star is
authorized for the Liberation and Defense of Kuwait (17 January to 11 April
1991) campaign period.

11.  The Kuwait Liberation Medal (SA) awarded by the Kingdom of Saudi
Arabia was approved on 3 January 1992 and is awarded to those members who
participated in the Persian Gulf War from 17 January to 28 February 1991.

12.  The Secretary of Defense accepted an offer by the Government of Kuwait
to award the Kuwait Liberation Medal (K) to members of the Armed Forces of
the United States who participated in operation Desert Shield and Operation
Desert Storm between 2 August 1990 and 31 August 1993.




DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Combat
Infantryman Badge and the Army Commendation Medal.  His records should be
corrected accordingly.

2.  Although the applicant’s Army Achievement Medal certificate does not
reflect an order number, the award certificate is signed by an appropriate
award authority and reflects the appropriate imprinted signature of the
Secretary of the Army.  The period of service covered by the award
coincides with the applicant's service in Europe.  In the absence orders,
or evidence to the contrary, the Board accepts the applicant’s award
certificate as authentication of entitlement to the Army Achievement Medal
and in the interest of justice concludes it would be appropriate to add the
award to his separation document.

3.  The evidence confirms that the applicant was deployed to Southwest Asia
in support of Operation Desert Storm and as such, is entitled to the
Southwest Asia Service Medal with one bronze service stars as well as the
Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the
Government of Kuwait.

4.  There is sufficient compelling evidence that the applicant was promoted
to pay grade E-4 on 1 January 1990 and no evidence that he was reduced
prior to his separation.  The fact that he received an RE Code of 1 at the
time of his separation, further supports the conclusion that he had not
been reduced from pay grade E-4 to E-3 prior to his separation.  In the
interest of justice and equity, it would be appropriate to correct his
separation document to show that he was separated in pay grade E-4 (SP4)
with an effective date of pay grade of
1 January 1990.

BOARD VOTE:

___JP___  __LE ___  ___DA __  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:

      a.  showing that he was awarded the Combat Infantryman Badge and Army
Commendation Medal;


      b.  confirming his award of the Army Achievement Medal;


      c.  showing that he is entitled to Southwest Asia Service Medal with
one bronze service stars as well as the Kuwait Liberation Medals awarded by
the Kingdom of Saudi Arabia and the Government of Kuwait; and


      d.  correcting the following items on his separation document:


            1) item 4a SP4 vice PFC
            2) item 4b E4 vice E3
            3) item 12h 900101 vice 880722




                            _____ Jennifer Prater________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105356                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041214                                |
|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.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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