RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 November 2005
      DOCKET NUMBER:  AR20050002513


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 combat service be reflected on his
records and that all of his authorized awards be included on his DD Form
214.

2.  The applicant states that his combat service and his awards are not
reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a certificate for
award of the Army Commendation Medal (ARCOM).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 1991.  The application submitted in this case is dated
4 February 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.  He enlisted in Los Angeles, California, on 12 January 1988 for a period
of 3 years.  He completed his one-station unit training (OSUT) at Fort
Sill, Oklahoma, and his airborne training at Fort Benning, Georgia, before
being assigned to Fort Bragg, North Carolina, on 19 July 1988.

4.  He was assigned to the 1st Field Artillery Detachment, 18th Airborne
Corps for duty as a field artillery firefinder radar operator.  He was
advanced to the pay grade of E-4 on 13 March 1990 and deployed to Southwest
Asia (SWA) in support of Operation Desert Storm/Shield on 1 September 1990.
 He remained in SWA until 16 March 1991, when he was returned to Fort
Bragg.

5.  On 30 April 1991, he was honorably released from active duty (REFRAD)
due to the expiration of his term of service (ETS).  He had served 3 years,
3 months and 19 days of total active service and his DD Form 214 issued at
the time of his REFRAD indicates that he was awarded the Army Service
Ribbon, the National Defense Service Medal, the Army Lapel Button, the Good
Conduct Medal and the Parachutist Badge.
6.  The ARCOM Certificate provided by the applicant indicates that he was
awarded the ARCOM on 29 April 1991 for meritorious service for the period
of 11 January 1988 through 4 May 1991.  However, it appears that the
applicant was on transition leave on the date he was awarded the ARCOM and
REFRAD because he was not available to sign his DD Form 214 on the date of
his REFRAD.

7.  The applicant’s DD Form 214 issued at the time of his REFRAD does not
reflect the applicant’s service in SWA, any awards for service in SWA or
the fact that he completed his first full term of service.

8.  Army Regulation 600-8-22 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).

9.  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.

10.  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’s contention has been noted and found to have merit.  He
served in SWA during Operation Desert Shield/Storm and his records should
reflect that service.

2.  Accordingly, his records should be corrected to show that he served in
SWA in support of Operation Desert Shield/Storm during the period of 1
September 1990 to 16 March 1991.

3.  He is also entitled to be awarded the SWASM with two bronze service
stars, the KLM-SA and the KLM-K for his service in SWA and to have his
records corrected accordingly.

4.  Additionally, his DD Form 214 should be corrected to reflect in the
Remarks section (item 18.) that he completed his first full term of service
and that he was awarded the ARCOM in item 13.

BOARD VOTE:

__sk____  __mhm___  __lmd___  GRANT 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 that he served in SWA in
support of Operation Desert Shield/Storm during the period of 1 September
1990 through 16 March 1991, that he completed his first full term of
service, that he was awarded the ARCOM and by awarding him the SWASM with
two bronze service stars, the KLM-SA and the KLM-K.




                 Stanley Kelley
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002513                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |120/swasm                               |
|1.107.0074              |                                        |
|2.107.0089              |135/klm                                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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