RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000643


      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. James Vick                    |     |Chairperson          |
|     |Mr. Ronald 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 award of the Combat Medical Badge, the Army
Commendation Medal and other awards to which he is entitled.

2.  The applicant states that he was honored with these awards in Iraq by a
lieutenant colonel of the 3rd Armored Division.

3.  The applicant provides a supplemental letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 1 May 1992.  The application submitted in this case is dated 6 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 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 requested correction of his records to show an award of
the Army Commendation Medal.  There are no orders or other evidence on file
in his record authorizing award of the Army Commendation Medal.  In the
absence of a proper award authority for this decoration, the applicant may
request the Army Commendation Medal under the provisions of Section 1130 of
Title 10, United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, the Army Commendation Medal will not be
discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 23 February 1989 for a
period of four years.  He completed his required training and was awarded
military occupational specialty 91A (Medical Specialist).  He later
completed basic airborne training.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he
was assigned to Medical Department Activity at Fort Benning, Georgia as a
medical specialist in August 1989.

6.  He served in Southwest Asia (SWA) from 11 February 1991 to 22 May 1991.
 His personnel records do not show the unit to which he was assigned during
his temporary duty in SWA.  There is no evidence of record which indicates
that he was personally present under fire during active ground combat in
SWA.

7.  The applicant was promoted to specialist on 1 April 1992.

8.  The applicant was honorably released from active duty on 1 May 1992
under the provisions of Army Regulation 635-200, paragraph 16-8 for the
convenience of the Government-FY92 Early Transition Program.  He completed
3 years, 2 months and 9 days of active military service with no days of
lost time.

9.  His DD Form 214 shows he was awarded the Southwest Asia Service Medal
with two bronze service stars, the Army Service Ribbon, the Expert
Marksmanship Qualification Badge with Grenade Bar, the Marksman
Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, the
Army Lapel Button, and the Kuwait Liberation Medal awarded by the Kingdom
of Saudi Arabia.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-7 provides for award of the
Combat Medical Badge and paragraph 8-7(k) specifies that for the Persian
Gulf War (Operation Desert Storm) individuals must have met the criteria in
paragraph c(1) to be awarded the Combat Medical Badge.  This paragraph
states, in pertinent part, that the Combat Medical Badge is awarded to
medical department personnel (colonel and below) who are assigned or
attached to a medical unit of company or smaller size that is organic to an
infantry unit of brigade, regimental or smaller size which is engaged in
active ground combat.  Battle participation credit is not sufficient; the
infantry unit must have been in contact with the enemy and the Soldier must
have been personally present and under fire during such ground combat.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was presented award of the Combat
Medical Badge in Iraq by a lieutenant colonel of the 3rd Armored Division.
However, there are no orders which show the Combat Medical Badge was
awarded to the applicant.
2.  The evidence of record shows the applicant was awarded medical MOS 91A
and served in SWA from 11 February 1991 to 22 May 1991.  There is no
evidence which shows he was assigned to a medical unit organic to an
infantry unit of brigade, regimental or smaller size which engaged in
active ground combat.  In addition, there is no evidence available which
shows he was personally "present under hostile fire" in SWA.  Therefore,
there is insufficient evidence to satisfy the regulatory criteria necessary
to support award of the Combat Medical Badge or correction of his records
to show this award.

3.  Based on the applicant's dates of service in SWA, he is entitled to
award of the KLM-K.  Therefore, the KLM-K should be administratively added
to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 May 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 April 1995.  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.

5.  Evidence shows that the applicant’s records contain an administrative
error which does 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

JV______  RW______  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 an administrative error in the records of the
individual 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 KLM-K.




                                  James Vick____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000643                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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