RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040002784


      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. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |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 1992 separation document be corrected
to show his service in Southwest Asia between October 1990 and April 1991.
He requests that the document be corrected to show entitlement to the
awards associated with service in Southwest Asia, including the National
Defense Service Medal.  He also requests that his records be corrected to
show that he qualified as an expert with the M-1 rifle vice as a marksman.

2.  The applicant states he has “Gulf War Illness” and that the absence of
confirmation of his service in Southwest Asia prevents him from receiving
the health care he needs.

3.  The applicant provides a copy of a leave and earnings statement showing
receipt of “danger pay” and copies of documents from the United States
Armed Services Center for Unit Records Research confirming his deployment.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 August 1992.  The application submitted in this case
is dated
28 April 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 14 November 1986.  According to documents provided by the
application from the United States Armed Services Center for Unit Records
Research, the applicant deployed to Southwest Asia with the 416th
Transportation Company from October 1990 to April 1991.  The documents
noted that the applicant was manifested on an aircraft that departed
Southwest Asia on 16 April 1991.  The leave and earnings statement provided
by the applicant confirms he was receiving “danger pay” during that period.

4.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
National Defense Service Medal for honorable active service for any period
between 2 August 1990 and 30 November 1995.  The National Defense Service
Medal was omitted from the applicant’s separation document.

5.  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).  The
Southwest Asia Service Medal and bronze service stars were omitted from the
applicant’s separation document.

6.  The Kuwait Liberation Medal 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.  The Secretary
of Defense accepted an offer by the Government of Kuwait to award the
Kuwait Liberation Medal 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.  These foreign decorations were omitted
from the applicant’s separation document.

7.  A listing of unit awards from the Army’s Military Awards Branch
confirms that the 416th Transportation Company was awarded a Meritorious
Unit Commendation for the period 6 October 1990 through 16 April 1991 while
deployed in support of Operation Desert Shield/Storm in Southwest Asia.
The applicant’s separation document does not reflect entitlement to the
unit award.

8.  Army Regulation 635-5, which establishes the policies and procedures
for the preparation of separation document, states that item 18 (remarks)
on the separation document will contain an entry noting “Service in (name
of country deployed) from (inclusive dates).”

9.  Weapon score cards, contained in the applicant’s file, indicate that he
qualified as an expert with the M-16 rifle in September 1991, as a marksman
in March 1992, and as a sharpshooter in June 1992.  Army Regulation 600-8-
22 provides for entitlement to the latest qualification level at which an
individual qualified.



DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to conclude that the applicant did deploy
to Southwest Asia in support of Operation Desert Shield/Storm.  The
applicant’s contention that he was deployed between October 1990 and April
1991 are consistent with the dates of the Meritorious Unit Commendation
awarded to his organization.  As such, in the interest of equity and
justice, it would be appropriate to correct item 18 on his separation
document to include the statement “Service in Southwest Asia from 6 October
1990 through 16 April 1991.”

2.  As a result of the applicant’s service in Southwest Asia he is entitled
to the Southwest Asia Service Medal with three bronze service stars, the
Kuwait Liberation Medal from the Kingdom of Saudi Arabia, and the Kuwait
Liberation Medal from the Government of Kuwait.

3.  The evidence confirms that the applicant is also entitled to a
Meritorious Unit Commendation and the National Defense Service Medal.

4.  While the applicant’s records do confirm that he did qualify as an
expert with the M-16 rifle at one time during his military service, his
last level of qualification was as a sharpshooter and not as a marksman.
His records should be corrected accordingly.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___TH __  ___RO __  ___JG __  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:

      a.  by correcting item 18 on his 1992 separation document to reflect
the statement “Service in Southwest Asia from 6 October 1990 through 16
April 1991,”

      b.  by showing that he is entitled to the National Defense Service
Medal, the Southwest Asia Service Medal with three bronze service stars,
the Kuwait Liberation Medal from the Kingdom of Saudi Arabia, and the
Kuwait Liberation Medal from the Government of Kuwait, and a Meritorious
Unit Commendation; and

      c.  by showing that he last qualified as a sharpshooter with the M-16
rifle vice as a marksman.


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
showing he qualified as an expert vice marksman with the M-16 rifle.




                            _____Thomas Howard______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002784                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|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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