RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 February 2005
      DOCKET NUMBER:  AR2004106929


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show awards for his service in
Southwest Asia. He also requests that his DD Form 214 show that he served
in Operation Desert Storm.

2.  The applicant states, in effect, that he believes that information
pertaining to his service in Southwest Asia was erroneously left off of his
DD Form 214.  He further states that he was unaware of the error until he
was informed by Desert Storm Veterans.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
21 January 1992, the date of his separation from active duty. The
application submitted in this case is dated 6 April 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’s records show that he was deployed to Southwest Asia
from
6 January 1991.  He was medically evacuated from Southwest Asia to Germany
on or about 14 February 1991 due to foot pain.  A Physical Evaluation Board
found the applicant medically unfit for continued active service.  He was
honorably discharged from active duty on 21 January 1992.

4.  The applicant’s DD Form 214 does not show the Southwest Asia Service
Medal or the Kuwait Liberation Medal as authorized awards.

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel
Qualification Record) shows that he was deployed from Germany to Saudi
Arabia in a temporary duty status (TDY) on 6 January 1991.  Item 5 also
shows that the applicant served in Europe-Germany from 9 November 1988
through
25 November 1991.
6.  Item 9 of the applicant’s DA Form 2-1 (Awards, Decorations, and
Campaigns) contains the entry “SW-ASIA-SM-BSS-2.  Item 9 also shows that
the applicant participated in the Defense of Saudi Arabia and the
Liberation and Defense of Kuwait Campaigns.


7.  Item 18 (Remarks) of the applicant’s DD Form 214 shows “SERVICE IN SWA”
[Southwest Asia] 19910106 –19910213.

8.  Army Regulation 600-8-22 (Military Awards) provides that 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.  A
bronze service star is authorized for the Defense of Saudi Arabia (2 August
1990 to
16 January 1991) and the Liberation and Defense of Kuwait (17 January to
11 April 1991).  The Cease-fire Campaign was authorized after the applicant
 departed the theater (12 April 1991 to 30 October 1995).

9.  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.

10.  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.


11.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part, it
states that item 18 (Remarks) is used for entries required by Headquarters
Department of the Army for which a separate block is not available and for
completing entries that are too long for their blocks.  Department of the
Army issued guidance to report service in Southwest Asia in item 18
(Remarks) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in Southwest Asia from
6 January 1991 to 13 February 1991.  Therefore, he is entitled to
correction of his military records to show award of the Southwest Asia
Service Medal with two bronze service stars, the KLM-SA and the KLM-K.


2.  Army Regulation 635-5 required that service in Southwest Asia be
reported in item 18 (Remarks) in the format currently reflected on the
applicants DD Form 214.  Therefore, applicant’s DD Form 214 in item 18
properly denotes his period of service in Southwest Asia.

BOARD VOTE:

__jlp___  __tap___  __kwl___  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 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 amending his DD Form 214 to show award
of the Southwest Asia Service Medal with two bronze service stars, the KLM-
SA and the KLM-K.




                                        Jennifer L. Prater
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106929                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0074/SWASM                          |
|2.                      |107.0089/KLM                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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