RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20050000567


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, all awards to which he is entitled
based on his service in Desert Storm.

2.  The applicant states, in effect, that he served with the 101st Airborne
Division during Desert Storm.

3.  The applicant did not provide any evidence or documentation in support
of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 16 December 1991, the date of his release from active duty.  The
application submitted in this case is dated 3 January 2005.

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's military records show that he enlisted on 22 September
1988 for a period of 4 years.  He successfully completed basic combat and
advanced individual training and was awarded the military occupational
specialty 11B10 (light weapons infantryman).

4.  The Defense Manpower Data Center (DMDC) Desert Shield/Storm Data
Base shows that the applicant served in Desert Storm during the period from

25 February 1991 to 7 April 1991.

5.  The applicant was released from active duty on 16 December 1991 under
the fiscal year 1992 Early Transition Program.  He had served 3 years, 2
months and 25 days of active service that was characterized as honorable.
The highest grade held by the applicant was specialist four/pay grade E-4.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Certificate of Release or Discharge from Active Duty) with a separation
date of
16 December 1991, does not reflect any awards for service during Desert
Storm.

7.  A review of the applicant's records shows that he is entitled to
additional awards, which are not listed on his DD Form 214.

8.  The records contain a copy of a DA Form 638 (Recommendation for Award),
dated 26 September 1990, that approves the award of the Army Achievement
Medal to be awarded to the applicant.  The records do not contain General
Orders for award of this medal.

9.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm
Data Base that 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.  For
Reservists and Guard members the file includes those persons activated or
federalized
from 2 August 1990 through 31 December 1991.  A Phase II file lists active
duty personnel who served in-theater between 1 August 1991 and 31 December
1993.  There are also separate files covering calendar years 1994 and 1995.

10.  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 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).  The regulation also provides that members of the Armed
Forces of the United States serving in Israel, Egypt, Turkey, Syria and
Jordan between 17 January 1991 and 11 April 1991 are eligible for this
award provided they were under the command of U.S. Central Command or
directly supporting military operations in the combat theater.

11.  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.

12.  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.

13.  Army Regulation 635-5 (Separation Documents), currently in effect,
establishes the standardized policy for preparing and distributing the DD
Form 214.  In pertinent part, it directs that when an active duty Soldier
is deployed with his unit during the period covered by the DD Form 214, an
entry will be made in Item 18 to show the name of the country deployed to
and the inclusive dates in YYYY/MM/DD format.

14.  Army Regulation 600-8-22  provides, in pertinent part, that the Army
Achievement Medal is awarded to any member of the armed forces of the
United States, who while serving in a non-combat area on or after 1 August
1981, distinguished themselves by meritorious service or achievement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he never received any awards for his
service in Desert Storm.

2.  The applicant served in Southwest Asia in support of Operations Desert
Shield and Desert Storm during the period from 25 February 1991 to 7 April
1991.  Therefore, he is entitled to award of the Southwest Asia Service
Medal with one bronze service star, the Kuwait Liberation Medal awarded by
the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal
awarded by the Government of Kuwait (KLM-K).

3.  As an exception to policy, based on the applicant’s service in
Southwest Asia in support of Operations Desert Shield and Desert Storm, the
following entry should be entered in Item 18 (Remarks) of his DD Form 214:
“SERVICE IN SOUTHWEST ASIA FROM 19910225 - 19910407".

4.  The evidence shows that the applicant was approved for the award of the
Army Achievement Medal.  Therefore, the records should be amended to show
award of the Army Achievement Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
15 December 1994.  Although the applicant did not file within the 3-year
statute of limitations, it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

___cak__  ___phm__  ___tsk __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 award of

      a.  the Southwest Asia Service Medal with one bronze service star;

      b.  the Kuwait Liberation Medal (KLM-SA);

      c.  the Kuwait Liberation Medal (KLM-K); and

      d.  the Army Achievement Medal.

2.  The Board further recommends that all Department of the Army records of

the individual concerned be corrected by amending Item 18 of the
applicant's
DD Form 214 to include the entry, " SERVICE IN SOUTHWEST ASIA FROM 19910225
- 19910407".




                            _________Ted S. Kanamine______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000567                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]