RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 FEBRUARY 2005
      DOCKET NUMBER:  AR20040002023


      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. Hubert Fry                    |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. Peter Fisher                  |     |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 record be corrected to show three
awards of the Army Commendation Medal, two awards of the Army Reserve
Components Achievement Medal, award of the Armed Forces Reserve Medal with
M device, and award of the Kuwait Liberation Medal.

2.  The applicant cites the lack of communication with his former assigned
unit or the loss of documents.

3.  The applicant provides copies of three certificates showing award of
the Army Commendation Medal, a copy of a 12 March 1993 memorandum showing
the second award of the Army Reserve Components Achiement Medal, a copy of
criteria for award of the Armed Forces Reserve Medal with M device, and a
copy of criteria for award of the Kuwait Liberation Medal.  He also
provides a copy of his 17 August 1991 DD Form 214 (Certificate of Release
or Discharge from Active Duty), and a copy of a 21 July 1992 DD Form 215
correcting the DD Form 214.  He provides a copy of his Honorable Discharge
Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 August 1991.  The application submitted in this case
is dated     21 May 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 Reserve for 8 years on 23 March
1985, completed active duty for training in February 1986, and returned to
his Reserve unit, the 912th MASH (Mobile Army Surgical Hospital) in Johnson
City, Tennessee, for duty as an operating room specialist.  He completed
the primary leadership development course in June 1988 and was promoted to
sergeant in November of that year.

4.  He was ordered to active duty in November 1990 for 12 months in support
of Operation Desert Shield/Desert Storm, and served in Southwest Asia from
January 1991 to July 1991.  He was released from active duty on 17 August
1991.

5.  Orders contained in the applicant’s official military personnel file
(OMPF) show that he was awarded the Army Commendation Medal on 23 March
1991,    6 April 1991, and 24 June 1991.

6.  The applicant’s 17 August 1991 DD Form 214, as changed by the 21 July
1992 DD Form 215 only reflects one award of the Army Commendation Medal.
It also shows only one award of the Army Reserve Components Achievement
Medal.  The correction does, however, show award of the Kuwait Liberation
Medal.

7.  The applicant was promoted to staff sergeant in July 1992, completed
the Basic Noncommissioned Officer Course (BNCOC), Phase I, in December
1992, and on 12 March 1993 was awarded the second award of the Army Reserve
Components Achievement Medal for his preceding four years of service.

8.  The applicant was reassigned to the Army Reserve Control Group
(Reinforcement) on 27 October 1993 and discharged from the Army Reserve on
28 June 1994.

9.  Army Regulation 635-5 provides instructions for the preparation of the
       DD Form 214 and states in pertinent part that it is a summary of a
Soldier’s most recent period of continuous active duty.  It provides a
brief, clear-cut record of active duty service at the time of release from
active duty, retirement, or discharge.

10.  The Armed Forces Reserve Medal is awarded for honorable and
satisfactory service as a member or former member of one or more of the
Reserve Components of the Armed Forces, for a period of 10 years, under
certain conditions, e.g., such years of service must have been performed
within a period of 12 consecutive years; for service after 1 July 1949, a
minimum of 50 retirement points must be earned; service in a regular
component of the Armed Forces is generally excluded; service on or after 1
August 1990 if the member was called to active duty and served under the
provisions of specific sections of Title 10, U.S. Code.  The M device is
worn on the ribbon to denote mobilization during a mobilization or
contingency designated by the Secretary of Defense.  The M device is
authorized for Soldiers who participated in Operation Desert Shield/Desert
Storm.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal on three
occasions.  His records should be corrected to show three awards of the
Army Commendation Medal.

2.  The 21 July 1992 DD Form 215 corrected his 17 August 1991 DD Form 214
to show award of the Kuwait Liberation Medal.  No action is required by the
Board in this regard.

3.  The applicant was awarded the second award of the Army Reserve
Components Achievement Medal for the four-year period ending in March 1993,
after his release from active duty on 17 August 1991.  He did not earn that
award until March 1993; consequently, it cannot be shown on his 17 August
1991      DD Form 214.

4.  The applicant participated in Operation Desert Shield/Desert Storm and
served in Southwest Asia; unfortunately, his service in the Army Reserve
was for a little over nine years.  Consequently, he is not eligible for
award of the Armed Forces Reserve Medal with M device.  His request for
this award cannot be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___HF __  __MT ___  ___PF __  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 three awards of
the Army Commendation Medal.

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
award of the Army Reserve Components Achievement Medal, Kuwait Liberation
Medal, and the Armed Forces Reserve Medal with M device.




                            _______Hubert Fry________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002023                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050223                                |
|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.                      |                                        |


-----------------------
[pic]