RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000353


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 records to show award of the
Army Good Conduct Medal, the Armed Forces Expeditionary Medal, and the
Armed Forces Service Medal.

2.  The applicant states, in effect, that he was recalled to active duty in
support of Operation Desert Shield/Desert Storm and due to rapid stand-down
he was not issued the Armed Forces Expeditionary Medal and the Armed Forces
Service Medal.  He further states that he was told by his unit prior to his
initial separation that his Army Good Conduct Medal would catch up with him
before his release from active duty

3.  The applicant provides a DD Form 214 (Certificate of Release or
Discharge from Active Duty) with the ending period 30 November 2003; a DD
Form 214 with the ending period 14 March 1991; and a DD Form 215
(Correction to DD Form 214, Report of Separation from Active Duty) dated 29
October 1992.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 14 March 1991.  The application submitted in this case is dated 28
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 enlisted in the Regular Army on 4 November 1986 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 19D (Cavalry Scout).

4.  On or about 11 March 1987, the applicant was assigned to Headquarters
and Headquarters Company, 3rd Battalion, 66th Armor, 2nd Armored Division,
Fort Hood, Texas.  His unit was reassigned to Germany on 22 June 1988 where
he performed duties as a gunner.  The applicant departed Germany on 22
January 1990.  He was released from active duty on 23 February 1990 and
transferred to the U.S. Army Reserve Control Group.
5.  Headquarters, 2nd Armored Division (Forward), Permanent Orders 004-003,
dated 9 January 1990 show that the applicant was awarded the Army Good
Conduct Medal for the period 4 November 1986 through 3 November 1989.

6.  The applicant's DD Form 214 with the ending period 23 February 1990
shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon,
the Army Commendation Medal, the Army Achievement Medal (3rd Oak Leaf
Cluster), the Noncommissioned Officer Professional Development Ribbon, the
Expert Marksmanship Qualification Badge (M-16), the Sharpshooter
Marksmanship Qualification Badge (M-16), and the Air Assault Badge.

7.  On 31 January 1991, the applicant was recalled to active duty in
support of Operation Desert Shield and Desert Storm.  He was deployed to
Germany and attached to the 1st Squadron, 11th Armored Cavalry Regiment on
or about 11 February 1991.  He was released from active duty on 16 March
1991 after completing 1 month and 4 days of creditable active service.

8.  The applicant's DD Form 214 with the ending period 16 March 1991 shows
he was awarded the Army Service Ribbon, the National Defense Service Medal,
the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge (M-
16), and the Expert Marksmanship Qualification Badge (Grenade).

9.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form
2-1 (Personnel Qualification Record) does not show award of the Armed
Forces Expeditionary Medal or the Armed Forces Service Medal.

10.  A DD Form 215, dated 29 October 1992, was issued to the applicant
which amended item 13 of his DD Form 214 with the period ending 16 March
1991 by adding the Army Commendation Medal, the Army Achievement Medal (3rd
Oak Leaf Cluster), the Noncommissioned Officer Professional Development
Ribbon, and the Air Assault Badge.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Armed Forces Expeditionary Medal 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 to friendly foreign
nations.  Qualifications for this award includes the requirements to be a
bona fide member in a unit engaged in the operation or to serve in the area
of operations for 30 days, or to be engaged in direct support of the
operation for 30 consecutive or 60 nonconsecutive days provided this
support involves entering the area of operations.  The regulation also
provides that the Armed Forces Expeditionary Medal may be awarded if the
individual served the full period in cases when the operation is less than
30 days in duration, if the individual is engaged in actual combat with
armed opposition regardless of the period of service, if the individual
participates as a member of an aircraft flying in support of the operation,
or if the individual is recommended (or attached to a unit recommended) for
award of the medal if the above criteria have not been met.  The designated
military operations and dates of eligibility for this award are specified
in Army Regulation 600-8-22.  The governing regulation for award of the
Armed Forces Expeditionary Medal shows that it was awarded for service in
Persian Gulf during the period from 24 July 1987 to 1 August 1990.

12.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the Armed Forces Service Medal
may be awarded to members of the Armed Forces of the United States who,
after 1 June 1992, participate, or have participated, as members of United
States military units, in a United States military operation that is deemed
to be a significant activity; and encounter no foreign armed opposition or
imminent threat of hostile actions.  Service members must be members of a
unit participating for 1 or more days in the operation within the
designated area of eligibility, or meet one or more of the following
criteria:  (1) be engaged in direct support for 30 consecutive days in the
area of eligibility (or for the full period when an operation is of less
than 30 days duration) or for 60 nonconsecutive days provided this support
involves entering the area of eligibility; or participate as a regularly
assigned crew member of an aircraft flying into, out of, within, or over
the area of eligibility in support of the operation.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Army Good
Conduct Medal.  This award should be added to his DD Form 214 with the
period ending 16 March 1991.  There is no evidence of record that shows
that the applicant is eligible for award the Armed Forces Expeditionary
Medal or the Armed Forces Service Medal.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 March 1991.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 March 1994.  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.

3.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEV___  __ RJW _  _  RR ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

3.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of the Army Good Conduct Medal (1st
Award).




                            ___ Mr. James E. Vick __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000353                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 Aug 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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