RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 October 2004
      DOCKET NUMBER:  AR2004101662


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 Item 12f (Foreign Service) on
his DD Form 214 (Certificate of Release or Discharge from Active Duty) be
corrected to show the 5 ½ months he served in Kuwait.  He also requests
that his DD Form 214 be corrected to show all awards that he is authorized,
to include award of the Army Achievement Medal (AAM), Southwest Asia
Service Medal (SWASM), Armed Forces Expeditionary Medal (AFEM), Kuwait
Liberation Medal (KLM-SA), and the Kuwait Liberation Medal (KLM-K).

2.  The applicant states no additional contentions.

3.  The applicant provides in support of his request a copy of his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 September 1999.  The application submitted in this case is
dated 10 November 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 requested correction of his records to show award of the
AAM.  There are no orders or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the AAM 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 this decoration under Section 1130 and, as a result, it will not be
discussed further in this Record of Proceedings.

4.  The evidence available shows the applicant enlisted in the United
States Army Reserve (USAR) on 4 April 1995 for 8 years and the Delayed
Entry Program (DEP).  On 20 September 1995, he was discharged from the DEP
and he enlisted in the Regular Army for 4 years, training in military
occupational specialty (MOS) 19K (Armor Crewman) and for the Army Cash
Enlistment Bonus.
5.  On 27 September 1995, the applicant was assigned to Fort Knox, Kentucky
for One Station Unit Training (OSUT).  Following the completion of all
required training, he was awarded MOS 19K and, on 2 February 1996, he was
assigned to Fort Benning, Georgia with duties in his MOS.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) does not
show any foreign service and does not show any additional duty stations
beyond Fort Benning.

7.  The applicant’s DD Form 214 shows that on 19 September 1999, he was
honorably released from active duty at the Army Separation Center – Fort
Benning and transferred to the USAR Control Group, St. Louis, Missouri.

8.  The applicant's DD Form 214, Item 12(f) (Foreign Service) shows his
foreign service equals 0 years, 0 months, and 0 days.  Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) shows he was awarded the National Defense Service Medal, Army
Lapel Button, Army Service Ribbon, Sharpshooter Marksmanship Qualification
Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with
Pistol Bar.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, 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 in pertinent part, that:

      a.  The Persian Gulf War is to be recognized by award of the SWASM to
Army members who participated in Operations 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 November 1995).

      b.  The AFEM is authorized for participants in military operations
within a specific geographic area during a specified time period.  An
individual, who was not engaged in actual combat or equally hazardous
activity, must have participated in operations or in direct support of
operations for 30 consecutive or 60 nonconsecutive days.

      c.  The KLM-SA 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.
      d.  The KLM-K 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s official military personnel file does not show that he
served in Kuwait and he has provided no evidence to corroborate his
contention that he served in Kuwait.  Therefore, no basis has been
established to correct his record to show foreign service, nor is there any
evidence to show award of the SWASM, AFEM, KLM-SA, or the KLM-K.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 September 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
18 September 2002.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fe____  __rtd___  __lds___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.







2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.


                                  Fred Eichorn
            ______________________
                    CHAIRPERSON




























                                    INDEX

|CASE ID                 |AR2004105662                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0025                                |
|2.                      |107.0074                                |
|3.                      |107.0089                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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