RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            04 OCTOBER 2005
      DOCKET NUMBER:   AR20050000013


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show his tour of duty in Desert
Storm/Desert Shield and awards.

2.  The applicant states that he did not verify all information upon
separation.

3.  The applicant provides an Operation Desert Storm Certificate of
Commendation and an Army Commendation Medal Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 October 1993.  The application submitted in this case is
dated 6 December 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 limitations 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 entered active duty on 2 October 1989.  Upon completion
of basic combat training and advanced individual training he was awarded
the military occupational specialty (MOS) 12B (Combat engineer).

4.  The Desert Shield/Storm Data Base shows the applicant served in the
Gulf War from 1 January 1991 through 26 April 1991.

5.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  In
pertinent part, it directs that foreign service performed during the period
covered by the DD Form 214 will be entered in item 22c.

6.  Army Regulation 635-5 also provides that item 26 (Decorations and
Awards) will be completed to show the decorations awarded or authorized
during the period covered by the DD Form 214.

7.  The Defense Manpower Data Center (DMDC) compiled the Desert
Shield/Storm Data Base.  The primary Desert Shield/Storm file contains a
record for each active duty member who participated in-theater between
2 August 1990 and 31 July 1991.

8.  Army Regulation 600-8-22 (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), and the Cease-Fire Campaign (12 April 1991 to 30 October
1995).

DISCUSSION AND CONCLUSIONS:

1.  The Certificate of Commendation and the Desert Shield/Storm data base
show that the applicant participated in the Gulf war.  This period of
foreign service is recognized in item 12f of the applicant's DD From 214.
Therefore, this portion of the applicant's record is correct as currently
constituted. However, item 18 (Remarks) of the applicant's DD Form 214
should be corrected to show his service in Southwest Asia.

2.  The ACM certificate shows that the applicant received this award.
Therefore his records should be corrected to show this award.

3.  The applicant is entitled to the award of the Southwest Asia Service
Medal with three bronze service stars based on his service in the Gulf War.
 Therefore, his records should be corrected to show this award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1993; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 September 1996.  The applicant did not file within
the 3-year statute of limitations, however, he has provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to file in this case.







BOARD VOTE:

___MM__  ___LB___  ___CD__  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 showing "Service in SWA 910101 to
910426" in item 18 of the applicant's DD Form 214, showing award of the
Army Commendation Medal and the Southwest Asia Service Medal with three
bronze service stars.




                            _____Mark Manning_________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000013                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0020.000                            |
|2.                      |107.0074.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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