RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             APRIL 27, 2004
      DOCKET NUMBER:     AR2003091940


      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. Luis Almodova                 |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Marla Troup                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 the Army Commendation Medal and
two Army Achievement Medals be added to his DD Form 214, Certificate of
Release or Discharge from Active Duty.

2.  The applicant states, in effect, that these three awards are not shown
on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a copy of a
Memorandum for Record, Subject: Verification of Tour in Southwest Asia
(SWA) for Operation Desert Shield/Storm, dated 23 May 1991; a copy of an
awards certificate for the Army Commendation Medal; two certificates for
award of the Army Achievement Medal, and a copy of his diploma for having
successfully completed Individual Infantry Training on 13 July 1990.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on 2
July 1992.  The application submitted in this case is dated 3 June 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.  The applicant enlisted for 8 years in the US Army Reserve on 24
February 1990.  On 27 March 1990, the applicant enlisted in the Regular
Army for a period of 2 years and 14 weeks.  He successfully completed one
station unit training at Fort Benning, Georgia.  On completion of his
training, he was awarded the military occupational specialty 11M, Fighting
Vehicle Infantryman.

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1, Personnel
Qualification Record, Part II, shows that the applicant was assigned in
Germany for the period 4 August 1990 through 18 October 1991, and in Saudi
Arabia from 2 January 1991 through 19 May 1991.  Item 35 (Record of
Assignments), of this same form, shows that the applicant was assigned to
Company B, 5th Battalion, 5th Cavalry, in both Germany and in Saudi Arabia.
 On 20 November 1991, the
applicant was assigned to Fort Carson, Colorado, where he completed his
Army term of service.

5.  The applicant was honorably released from active duty on 2 July 1992 in
the rank and pay grade, Specialist, E-4, under the provisions of Army
Regulation
(AR) 635-200, chapter 4, at the expiration of his term of service.  On his
separation date, the applicant had 2 years, 3 months, and 6 days active
military service, with no lost time.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized (all periods of service)), of the applicant's DD Form
214, shows he was awarded the Army Service Ribbon; the National Defense
Service Medal; the Overseas Service Ribbon; the Kuwait Liberation Medal;
the Southwest Asia Service Medal, with three bronze service stars; the Good
Conduct Medal; the Combat Infantryman Badge, the Marksman Marksmanship
Qualification Badge, with Automatic Rifle Bar [M-16 Rifle]; the Marksman
Marksmanship Qualification Badge, with Grenade Bar; and the Army Lapel
Button.  The Army Commendation Medal and the two Army Achievement Medals
(in effect, the Army Achievement Medal with one oak leaf cluster) the
applicant alleges to have been awarded, are not shown on his DD Form 214.

7.  The applicant was awarded the Army Achievement Medal for meritorious
achievement for the period 1 May 1991 through 8 May 1991 by Permanent
Orders 32-4, published by the Headquarters, 5th Battalion, 5th Cavalry, 3rd
Armored Division (Spearhead), on 25 July 1991.  This award order
corresponds with the DA Form 4980, Certificate for Award of the Army
Achievement Medal, dated 24 July 1991, the applicant provided with his
application.

8.  A search of an alphabetical listing of individuals who received awards
from the 3rd Armored Division in 1991 was conducted and failed to reveal an
order awarding the Army Commendation Medal, on 9 July 1991, and the Army
Achievement Medal, on 1 August 1991 to the applicant that corresponds to
the certificate for award of the Army Commendation Medal to the applicant.

9.  On 23 February 2004, the applicant was notified that orders for the
above awards were not in his official military personnel file and that
copies of the award certificates, by themselves, were not sufficient to add
the awards to his DD Form 214.  The applicant did not respond to the letter
requesting the applicable orders.

10.  The applicant requested correction of his record to show award of the
Army Commendation Medal and a second Army Achievement Medal (in effect, the
Army Achievement Medal, with one oak leaf cluster).  There are no orders or
other evidence authorizing award of these decorations to the applicant.  In
the
absence of a proper award authority for these decorations, the applicant
may request award of the Army Commendation Medal and a second Army
Achievement Medal (in effect, the Army Achievement Medal, with one oak leaf
cluster) 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 these decorations under section 1130 and, as a
result, they will not be discussed further in this Record of Proceedings.

11.  The applicant’s DD Form 214 shows that he was awarded the Kuwait
Liberation Medal by the Kingdom of Saudi Arabia.

12.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 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.

14.  The 5th Battalion, 5th Cavalry was awarded the Valorous Unit Award for
extraordinary heroism while engaged in military operations during the
period 4 January 1991 through 15 June 1991 by Department of the Army
General Orders Number 14, on 11 April 1997.

15.  AR 600-8-22 provides, in pertinent part, for award of the Valorous
Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

16.  AR 600-8-22 provides that the Good Conduct Medal is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years except in those cases when the period for the first award
ends with the termination of a period of Federal military service.
Although there is no automatic entitlement to the Good Conduct Medal,
disqualification must be justified.  Current practice requires that the
commander provide written notice of nonfavorable consideration and permits
the individual to respond.

17.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's records revealed no disqualifying
information and there is no evidence that any of the applicant's former
commanders disqualified him for award of the Good Conduct Medal.  The
applicant is therefore eligible for award of the Good Conduct Medal for the
period 27 March 1990 through 2 July 1992 and to have this award added to
his DD Form 214.

2.  The evidence of record shows that the applicant was awarded the Army
Achievement Medal for meritorious achievement for the period 1 May through
8 May 1991.  This award is not shown on his DD Form 214.  It would be
appropriate to add this award to his DD Form 214 at this time.

3.  The applicant’s DD Form 214 shows that he was awarded the Kuwait
Liberation Medal.  The Kingdom of Saudi Arabia awarded this medal.  The
applicant is entitled to both Kuwait Liberation Medals.  It would be
appropriate to identify the already-awarded medal as the Kuwait Liberation
Medal (Saudi Arabia) and to add the Kuwait Liberation Medal (Kuwait) to his
DD Form 214 at this time.

4.  The applicant was assigned to, and present for duty with a unit at the
time it was cited for award of the Valorous Unit Award.  This unit award is
not shown on the applicant's DD Form 214 because it was approved after he
was released from active duty.  He is eligible to have this unit award
added to his DD Form 214 and it would be appropriate to do so at this time.

BOARD VOTE:

fe_   ____  pm_____  mt______  GRANT 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.  awarding the Good Conduct Medal for the period 27 March 1990
through 2 July 1992 to the applicant and adding this award to his DD Form
214;

      b.  awarding the applicant the Valorous Unit Award and adding it to
his separation document: and

      c.  adding the already-awarded Army Achievement Medal, which was
awarded for the period 1 through 8 May 1991, to the applicant's DD Form
214.

      d.  identifying the already-awarded Kuwait Liberation Medal as having
been awarded by the Kingdom of Saudi Arabia, awarding the applicant the
Kuwait Liberation Medal (Kuwait), and adding these awards to his DD Form
214.





            ____Fred Eichorn____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091940                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040427                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  66                  |107.0020                                |
|3.  71                  |107.0025                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |