RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 July 2004
      DOCKET NUMBER:  AR2004100172


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |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 all awards and decorations to
which he is entitled based on his service in Southwest Asia (SWA) be added
to his record.

2.  The applicant states, in effect, that Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized) of his 14
April
1991 separation document (DD Form 214) makes no mention of awards he earned
based on his service in SWA.

3.  The applicant provides a copy of his 14 April 1991 DD Form 214 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 April 1991.  The application submitted in this case is
dated
23 October 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’s record shows that on 27 September 1990, while serving
as a member of the United States Army Reserve (USAR) in the rank of
specialist (SPC), he entered active duty.  He served on active duty for 6
months and 8 days until being released from active duty (REFRAD) and
returned to his USAR unit on 14 April 1991.

4.  The DD Form 214 issued to the applicant on 14 April 1991 includes the
Army Service Ribbon and National Defense Service Medal in Item 13.  Item
18 (Remarks) of this document confirms he served in SWA from 21 October
1990 through 7 April 1991.
5.  The records of the applicant provided for review do not contain
assignment orders or other documents or information in regard to the
applicant’s unit of assignment in SWA.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  It provides guidance on
award of the Southwest Asia Service Medal (SWASM).  It states, in pertinent
part, that it is awarded to members for service in SWA in support of the
Persian Gulf War during Operations Desert Shield/Desert Storm on or after 2
August 1990.  A bronze service star is authorized for campaigns a member
participated in while serving in SWA.  During the applicant’s tenure of
assignment, credit was granted for participation in the Defense of Saudi
Arabia and Defense of Kuwait campaigns.

7.  The Kuwait Liberation Medal was granted by decree of the King of Saudi
Arabia and accepted by the Deputy Secretary of Defense on 7 October 1991.
It was awarded to members who served in support of Operation Desert Storm
between 17 January 1991 and 28 February 1991.

8.  The Government of Kuwait offered the Kuwait Liberation Medal to members
of the Armed Forces of the United States and the medal was accepted by
Secretary of Defense on 16 March 1995..  It was awarded to members who
served in support of Operation Desert Shield or Desert Storm between 2
August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to awards based on his
service in SWA was carefully considered and found to have merit.

2.  The evidence shows the applicant served in SWA from 21 October
1990 through 7 April 1991.  As a result, he is entitled to the SWASM with
2 bronze service stars, Kuwait Liberation Medal-Saudi Arabia and Kuwait
Liberation Medal-Kuwait.  Therefore, it would be appropriate to add these
awards to his record at this time.
BOARD VOTE:

__JNS___  __RTD  _  __TEO__  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented is sufficient to warrant a
recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends all Department of the Army records of the
individual concerned be corrected by showing his SWA service entitles him
to the Southwest Asia Service Medal with 2 bronze service stars, Kuwait
Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait; and by
providing him a corrected separation document that includes these awards.




                 __John N. Slone__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100172                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/07/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/04/14                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Completion of Required Svc              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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