RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050002514


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, correction of his discharge
document.

2.  The applicant states, in effect, that his discharge document is in
error and should be corrected to show his rank and pay grade at the time of
his separation, his service in support of Operation Desert Shield/Desert
Storm, and the awards that he is authorized.

3.  The applicant provides copies of his DD Forms 214 (Certificate of
Release or Discharge from Active Duty), with effective dates of 19 May 1991
and
27 May 1990.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 May 1991, the date of his release from active duty with the
U.S. Army.  The application submitted in this case is dated 7 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 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 service records show that he enlisted in the
U.S. Army and entered active duty on 28 May 1987 for a period of 3 years.
Upon completion of basic combat training and advanced individual training,
the applicant was awarded military occupational specialty (MOS) 16S
(MANPADS Crewmember).  On 27 May 1990, the applicant was honorably
separated from active duty based upon expiration of his term of service and
was transferred to the U.S. Army Reserve Control Group.  On 31 January
1991, the applicant was ordered to active duty in support of Operation
Desert Shield/Desert Storm and was later released from active duty under
honorable conditions on
19 May 1991.



4.  The applicant provides copies of his discharge documents in support of
his application.  The applicant's DD Form 214, with an effective date of 19
May 1991, shows in Item 4a (Grade, Rate or Rank) the entry "PV2"; Item 4b
(Pay Grade) shows the entry "E2".  Item 12 (Record of Service), Section h
(Effective Date of Pay Grade) contains the entry "91 04 19".  Item 12,
Section f (Foreign Service) shows that he completed "00 Years, 02 Months,
24 Days" of foreign service.  This document also shows in Item 18
(Remarks), in pertinent part, the entry,
"DD FORM 214 ISSUED ON 910519//ORDERED TO ACTIVE DUTY IN SUPPORT OF
OPERATION DESERT SHIELD/DESERT STORM IAW 10 USC 673B.//INDIVIDUAL COMPLETED
PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE
BENEFITS AND ENTITLEMENTS.//SERVICE IN SWA 22 FEB 1991 TO 15 MAY 1991.//
NOTHING FOLLOWS".

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized (All periods of service)) of the applicant's DD Form
214, with an effective date of 19 May 1991, shows the following awards:
Army Service Ribbon, National Defense Service Medal, Marksman Marksmanship
Badge Rifle (M16), and Expert Marksmanship Badge Grenade.

6.  Item 13 of the applicant's DD Form 214, with an effective date of
27 May 1990, shows the following awards:  Army Service Ribbon, Army Lapel
Button, and Marksmanship Badge Rifle (M16).

7.  Item 21 (Signature of Member Being Separated) of the applicant's DD
Form 214, with an effective date of 19 May 1991, shows that the applicant
affixed his signature to the document, indicating he had reviewed the form
and accepted the information contained therein as being correct to the best
of his knowledge.

8.  The applicant's records are absent information or documentation
regarding his advancement to the rank of private/pay grade E-2, or any
other rank/pay grade.

9.  The applicant's records contain a DD Form 215 (Correction to DD Form
214, Certificate of Release or Discharge from Active Duty), dated 13 July
1992.  This document shows in Item 5 (Original DD Form 214 is Corrected as
Indicated Below), Separation Date on DD Form 214 Being Corrected:  "19 May
1991".  This document references Item 13 of the DD Form 214 and shows the
following entry:  "ADDED" //"SOUTHWEST ASIA SERVICE MEDAL W/2-BRONZE
SERVICE STARS//KUWAIT LIBERATION MEDAL//NOTHING FOLLOWS".  This document
also references Item 18 of the applicant's DD Form 214 and shows, in
pertinent part, the following entry:  "ORDERED TO ACTIVE DUTY IN SUPPORT OF
OPERATION DESERT SHIELD/STORM IAW 10 USC 673//SERVED IN SWA FROM 910222 TO
910515//INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR
PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS.//"

10.  A review of the applicant's record reveals that he may be entitled to
an award that is not shown on his DD Form 214.

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, in effect at the time of the applicant's
separation, prescribed the separation documents that were required to be
prepared and furnished to Soldiers upon separation from the Army.  It also
established standardized policy for preparing and distributing the DD Form
214.  Table 2-1 (DD Form 214 Preparation Instructions) of this Army
regulation contains guidance on the preparation of the DD Form 214.  The
instructions show that for Items 4 a and b (Grade, Rate or Rank and Pay
Grade) to "enter active duty grade or rank and pay grade at time of
separation" and for Item 12h the instructions are to "enter the effective
date of promotion to pay grade".  The instructions for Item 12 f state, in
pertinent part, to enter the total amount of foreign service completed
during the period covered in Item 12c".  In addition, the instructions for
Item 18 (Remarks) provide that a statement will be added to show service in
the country deployed, along with the dates of service (e.g., from and to
dates).  Finally, the instructions for Item 13 show that the awards entered
will be for all periods of service and instructs the preparing official to
check the Soldier's service records for the validity of awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be
corrected because it does not show his correct rank, pay grade, and
effective date of pay grade.  The applicant further contends that his
discharge document does not reflect his service in support of Operation
Desert Shield/Desert Storm or all of the awards that he is authorized.

2.  The applicant provides copies of DD Forms 214 which provide evidence of
his rank/pay grade at the time of his separation, his service in support of
Operation Desert Shield/Desert Storm, and his awards and decorations.

3.  The applicant's DD Form 214, with an effective date of 19 May 1991,
shows that at the time of his separation, he was serving in the rank of
private/pay grade E-2, with an effective date of pay grade of 19 April
1991.  There is no evidence of records, and the applicant provides no
documentary evidence, that shows this information is incorrect.  Therefore,
absent evidence to the contrary, the applicant's DD Form 214, with an
effective date of 19 May 1991, correctly shows the applicant's rank, pay
grade, and effective date of pay grade at the time of his separation.

4.  The applicant's DD Form 214, with an effective date of 19 May 1991, as
corrected by the DD Form 215, dated 13 July 1992, shows that he served in
Southwest Asia in support of Operation Desert Shield/Desert Storm from
22 February 1991 through 15 May 1991; a total of 0 years, 2 months, and
24 days.  Therefore, the evidence of record shows that the applicant's
discharge document correctly reflects his service in Operation Desert
Shield/Desert Storm.

5.  The applicant's DD Form 214, with an effective date of 19 May 1991, as
corrected by the DD Form 215, dated 13 July 1992, shows that he was awarded
the Army Service Ribbon, National Defense Service Medal, Marksman
Marksmanship Badge with Rifle (M16), Expert Marksmanship Badge with
Grenade, Southwest Asia Service Medal with 2 bronze service stars, and the
Kuwait Liberation Medal.

6.  The evidence of record shows that the applicant is authorized award of
both the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal
(Kuwait).  Therefore, it would be appropriate to correct his records to
show award of these two medals.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 May 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
18 May 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.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MKP__  __LDS __  __MJF __  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 partial 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, as follows:

      a.  DD Form 214; Item 13:  Delete:  Kuwait Liberation Medal; and

      b.  DD Form 214, Item 13:  Add:  Kuwait Liberation Medal (Saudi
Arabia) and Kuwait Liberation Medal (Kuwait).

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the applicant's rank, pay grade, effective date of pay grade, and his
foreign service in support of Operations Desert Shield/Desert Storm.




                                  _____M. K. Patterson________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002514                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19910519                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Expiration Term of Service              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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