RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2005
      DOCKET NUMBER:  AR20040008518


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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 his Desert Storm service and awards be reflected
on his DD Form 214 (Certificate of Release or Discharge From Active Duty).
He also requests his Army Commendation Medal (ARCOM) be added to his DD
Form 214.

2.  The applicant states, in effect, his Desert Storm service and awards
were left off his DD Form 214.

3.  The applicant provides:

      a.  His DD Form 214.

      b.  DA Form 4980-14 (Army Commendation Medal Certificate).

      c.  VII Corps Artillery Certificate of Service in Desert
Shield/Desert Storm.

      d.  VII Corps Certificate of Commendation for Operation Desert Storm.

      e.  Situation Report, 25 February 1991.

      f.  Copies of DA Forms 3686 (Leave and Earnings Statement) for
October 1990 through February 1991, showing danger pay.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 April 1991.  The application submitted in this case is
dated 6 October 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 served in the Regular Army from 3 February 1987 to
8 April 1991.  He served as a cannon crewmember in military occupational
specialty (MOS) 13B.

4.  In 1989, the applicant was assigned to A Battery, 5th Battalion, 18th
Artillery, Fort Sill, Oklahoma.  On/about 22 September 1990, he departed
Fort Sill with his unit for temporary duty in Saudi Arabia on Operation
Desert Shield.  He remained in Southwest Asia and participated in Operation
Desert Storm.  He returned to Fort Sill on/about 27 March 1991.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows the
following awards:  Army Service Ribbon, Army Achievement Medal, Driver and
Mechanic Badge with Driver - T Bar, Overseas Service Ribbon, Good Conduct
Medal, Army Commendation Medal, National Defense Service Medal, Kuwait
Liberation Medal, Southwest Asia Service Medal with 2 bronze service stars,
Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

6.  The applicant's records contain a copy of his Army Commendation Medal
Certificate, dated 1 July 1991.

7.  Army Regulation (AR) 635-5 (Separation Documents), now in effect,
prescribes the separation documents that must be prepared for Soldiers on
retirement, discharge, release from active duty service, or control of the
Active Army.  It establishes standardized policy for preparing and
distributing the DD Form 214 and provides for the following entry in Item
18 (Remarks) for a Regular Army Soldier deployed with his or her unit
during their continuous period of active service, "SERVICE IN (NAME OF
COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides:

      a.  The Army Commendation Medal may be awarded to any member of the
Armed Forces of the United States who, while serving in any capacity with
the Army after 6 December 1941, distinguished himself or herself by
heroism, meritorious achievement or meritorious service.

      b.  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.

      c.  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.

      d.  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.  The applicant served in Southwest Asia during Operation Desert Shield
and Operation Desert Storm.  His period of service was from 22 September
1990 through 27 March 1991.  This should be reflected on his DD Form 214.

2.  For participation in Operation Desert Shield and Operation Desert
Storm, the applicant is authorized the Southwest Asia Service Medal (with
two bronze service stars denoting the Defense of Saudi Arabia Campaign (2
August 1990-16 January 1991) and the Liberation and Defense of Kuwait
Campaign (17 January-11 April 1991), and the Kuwait Liberation Medal -
Saudi Arabia, and the Kuwait Liberation Medal - Kuwait.

3.  The applicant's DD Form 214 should be corrected to reflect his Army
Commendation Medal.

BOARD VOTE:

__bje___  __klw___  __phm___  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:

      a.  In Item 13 (Decorations, Etc.), the Army Commendation Medal, the
Southwest Asia Service Medal with two bronze service stars, the Kuwait
Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Kuwait.

      b.  In Item 18 (Remarks), "SERVICE IN SOUTHWEST ASIA FROM 19900922 TO
19910327."



                                  Barbara J. Ellis
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008518                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020                                |
|2.                      |110.0000                                |
|3.                      |113.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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