RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2005
      DOCKET NUMBER:  AR20050000105


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |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 her DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Armed Forces
Expeditionary Medal (AFEM) and the Southwest Asia Service Medal (SWASM) for
service in the Persian Gulf.

2.  The applicant states that she was on active duty during the period 2
August 1990 through 30 November 1995.  These two medals were erroneously
omitted from her DD Form 214 by the clerk during out-processing.

3.  The applicant provides a copy of her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged errors which
occurred on 9 June 2000.  The application submitted in this case is dated
23 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.  After having had prior service in the Army National Guard, the
applicant enlisted in the U.S. Army Reserve on 16 April 1983.  She was
ordered to active duty in the Active Guard Reserve (AGR) on 6 January 1984.


4.  The applicant continued to serve on active duty in the AGR and was
honorably discharged on 9 June 2000.

5.  The Defense Manpower Data Center (DMDC) compiled the Desert
Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one
record for each active duty member who participated in-theater between
2 August 1990 and 31 July 1991 and one record for each Reservist, National
Guard member or retiree who was activated or federalized in response to
Desert Shield/Desert Storm.  A Phase II file lists active duty personnel
who served
in-theater between 1 August 1991 and 31 December 1993.  This database does
not show the applicant served during Desert Shield/Desert Storm.

6.  The applicant's DA Form 2-1 does not show foreign service in SWA in
item 5 (Oversea Service).

7.  Her DD Form 214 for the period ending 9 June 2000 does not show any
awards for service in SWA.

8.  Item 18 (Remarks) on her DD Form 214 for the period ending 9 June 2000
does not show she served in SWA.

9.  Item 12f (Foreign Service) on her DD Form 214 for the period ending 9
June 2000 does not show she completed any foreign service.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the AFEM for qualifying service after 1 July 1958 in
U.S. military operations, U.S. operations in direct support of the United
Nations, and U.S. operations of assistance for friendly foreign nations.
Qualifying service for this award includes participation in the Persian
Gulf in support of Operation Earnest Will from 24 July 1987, the date of
the Bridgeton incident, to 1 August 1990.

11.  Army Regulation 600-8-22 provides that service in 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 October 1995).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she served on active duty from 2 August
1990 through 30 November 1995.  However, there is no evidence, and she has
not provided any evidence, which shows she served in the Persian Gulf
during this period of service.  Therefore, there is no basis for correcting
her DD Form 214 to show award the AFEM and the SWASM.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 June 2000; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 June 2003.  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 file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

PS______  YM______  LH______  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.




                                  Paul Smith____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000105                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0072                                |
|2.                      |107.0074                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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