RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         DECEMBER 21, 2004
      DOCKET NUMBER:  AR2004103694


      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. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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, in effect, that his DD Form 214, Certificate of
Release or Discharge from Active Duty, be corrected.

2.  The applicant states, in effect, that his Gulf War service has been
erased from his records.  He adds that he went to Kuwait to train soldiers
during Exercise Intrinsic Action and he returned to Kuwait for Operation
Vigilant Warrior.

3.  The applicant provides a copy of medical records, dental records,
certificates of awards, citations, and pay stubs, in support of his
request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant's DD Form 214 be
corrected by adding his foreign service time spent in the Persian Gulf.

2.  Counsel states, in effect, that the applicant has their full support
for the correction of the errors made in preparation of the separation
document on his release from active duty.

3.  Counsel provides a letter of support for the corrections that the
applicant now seeks.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 25 March 1996.  The application submitted in this case is dated
15 January 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 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 in the Army National Guard on 15 January 1991.
On 7 February 1991, the applicant was ordered to active duty for training.
He successfully completed one station unit training at Fort Benning,
Georgia, and on completion of his training, he was awarded the military
occupational specialty 11B, Light Weapons Infantryman.  He was honorably
released from active duty for training and was returned to the Oklahoma
Army National Guard on 10 May 1991.

4.  On 28 January 1992, the applicant was discharged from the Oklahoma
Army National Guard.  He enlisted in the Regular Army on 29 January 1992.
On 1 June 1994, the applicant reenlisted in the Regular Army and continued
to serve until he was honorably released from active duty on 25 March 1996
in the rank and pay grade, Specialist Four, E-4.

5.  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 Achievement Medal (3rd Award); the Good
Conduct Medal; the National Defense Service Medal; the Army Service Ribbon;
the Expert Marksmanship Qualification Badge, with Rifle Bar; the Expert
Marksmanship Qualification Badge, with Grenade Bar; and the Driver and
Mechanic Badge, with Driver-T Bar (for tracked vehicles).  The Southwest
Asia Service Medal, with one bronze service star, is not shown.

6.  The applicant was awarded the Army Commendation Medal, for
exceptionally meritorious service, for the period from 28 May 1992 through
1 May 1995, by Permanent Orders 135-9, dated 2 March 1995.  This award is
not shown on the applicant's DD Form 214.

7.  Item 12.f. (Record of Service, Foreign Service), of the applicant's DD
Form 214, shows 0000 years, 00 months, and 00 days foreign service.

8.  Item 5 (Overseas Service) of the applicant's DA Form 2-1, Personnel
Qualification Record, Part II, is blank.

9.  Item 9 (Awards, Decorations and Campaigns), of the applicant's DA Form
2-1, Personnel Qualification Record, Part II, shows, among other awards,
that the applicant was awarded the Southwest Asia Service Medal, with one
bronze service star.

10.  Section IV (Service Data), Item 16 (Last Combat Tour/Date), of the
applicant's DA Form 2A, Personnel Qualification Record, Part I, shows the
entry, "Saudi Arabia A 9305."

11.  The Gulf War Participant Listing was searched for the applicant's name
and service number.  This listing shows that the applicant served in
Southwest Asia from 1 April 1993 through 31 May 1993 and from 1 October
1994 through 31 December 1994.
12.  The applicant was awarded a Certificate of Achievement, by the
Commander, 3rd Battalion, 69th Armor, for his participation in Exercise
Intrinsic Action, in April and May 1993.

13.  The applicant was awarded a Certificate of Achievement, by the
Commander, 3rd Battalion, 69th Armor, for his participation in Operation
Vigilant Warrior, from October through December 1994.

14.  Army Regulation (AR) 600-8-22 provided, in pertinent part, that the
Southwest Asia Service Medal is awarded to all members of the Armed Forces
of the United States serving in Southwest Asia and contiguous waters or
airspace thereover, on or after 2 August 1990 to a date to be determined.
Southwest Asia and contiguous waters, as used herein, is defined as an area
which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that
portion of the Arabian Sea that lies north of 10 degrees north latitude and
west of 68 degrees east longitude, as well as the total land areas of Iraq,
Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.

15.  Other documents, in addition to those specifically mentioned above,
which the applicant submitted in support of his request, all include
information pertinent to his deployment and service in Kuwait.

16.  An interim change to AR 635-5 required that an entry be made in Item
18 (Remarks), of the DD Form 214, for Soldiers credited with foreign
service.  The prescribed entry required:  "Service in (Name of Country
Deployed) from inclusive dates, for example, YYYYMMDD – YYYYMMDD."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait from 1 April 1993 through 31 May 1993
and from 1 October 1994 through 31 December 1994.

2.  The applicant's two temporary duty deployments to Kuwait amount to
5 months and 2 days foreign service.  Item 12.f. of the applicant's DD Form
214 fails to show this foreign service.  It would be appropriate to correct
item 12.f., of the applicant's DD Form 214, to show this foreign service.

3.  The following entry will be made in Item 18 of the applicant's DD Form
214:  "Kuwait from 19930401 – 19930531 and 19941001 – 19941231."

4.  The applicant was awarded the Southwest Asia Service Medal, with one
bronze service star.  This award was entered in Item 9, of his DA Form 2-1
and should have been transposed to the DD Form 214 on his release from
active duty.  The applicant is entitled to addition of the already-awarded
Southwest Asia Service Medal, with bronze service star, to his DD Form 214.


5. The applicant was awarded the Army Commendation Medal.  This award is
not shown on the applicant's DD Form 214.  It would be appropriate to add
this award to his separation document at this time.

BOARD VOTE:

fe_____ _  ses _____  pms_____  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:

      a.  correcting Item 12.f. to show the 5 months and 2 days foreign
service that he accrued while serving on temporary duty in Kuwait; and


      b.  entering "Kuwait from 19930401 – 19930531 and 19941001 – 19941231"
in Item 18, of the applicant's DD Form 214; and


      c.  adding the already-awarded Army Commendation Medal and the
Southwest Asia Service Medal, with bronze service star, to the applicant's
DD Form 214.




                            ___    _Fred Eichorn ___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103694                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  120                 |107.0074                                |
|3.  189                 |110.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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