RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050003691


      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 award of the Southwest Asia Service
Medal with
1 bronze service star for his participation in the Southwest Asia Cease-
Fire campaign.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 10 March
1995, and Headquarters, 2nd Battalion, 37th Armor, Task Force 2-37 Armor
memorandum, dated 3 October 1993.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 March 1995, the date of his release from active duty.  The
application submitted in this case is dated 3 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
Louisiana Army National Guard on 17 November 1989.  Upon completion of
basic combat training and advanced individual training, the applicant was
awarded military occupational specialty (MOS) 13F (Fire Support
Specialist).  On 30 November 1990, the applicant was ordered to active duty
in support of Operation Desert Shield/Desert Storm and was later released
from active duty on 3 May 1991.  On 11 March 1992, the applicant enlisted
in the U.S. Army and entered active duty for a period of 3 years.  On 10
March 1995, he 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.


4.  The applicant's records contain a copy of DD Form 214, with an
effective date of 9 May 1990, which shows in Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized) that he was
awarded the Army Service Ribbon and Marksman Marksmanship Qualification
Badge with Rifle (M16) and Hand Grenade Component Bars.

5.  The applicant's records contain a copy of DD Form 214, with an
effective date of 3 May 1991, which shows in Item 13 that he was awarded
the Army Service Ribbon, Army Lapel Button, and National Defense Service
Medal.

6.  The applicant's records contain a copy of NGB Form 22 (Department of
the Army and the Air Force National Guard Bureau, Report of Separation and
Record of Service), with an effective date of 10 March 1992, which shows in
Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded This Period) that he was awarded the Army Service Ribbon
National Defense Service Medal, and Louisiana War Cross.

7.  The applicant's records also contain a copy of DD Form 214, with an
effective date of 10 March 1995, which shows in Item 13 that he was awarded
the Army Achievement Medal (2nd Award), National Defense Service Medal,
Army Lapel Button, Army Service Ribbon, and Overseas Service Ribbon.

8.  The applicant's records contain a DA Form 4187 (Personnel Action),
dated
7 December 1993, which shows that while serving as a member of his unit,
the commander of Headquarters and Headquarters Battery, 3rd Battery, 1st
Field Artillery Battalion, retroactively promoted the applicant to the rank
of specialist/ pay grade E-4, effective 1 August 1993.

9.  The applicant provides documentary evidence in support of his
application that includes his DD Form 214 and Headquarters, 2nd Battalion,
37th Armor, Task Force 2-37 Armor memorandum, dated 3 October 1993.  The
memorandum lists the Soldiers who deployed to Southwest Asia (Kuwait) as
part of Task Force 2-37 Armor and are authorized award of the Southwest
Asia Service Medal with 1 bronze service star for their participation in
the Southwest Asia Cease-Fire campaign.  The applicant's name appears on
page 17 of the attached roster as part of 3rd Battery, 1st Field Artillery,
Fire Support Element.

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


11.  There is no evidence the applicant received the first award of the
Good Conduct Medal for the period 11 March 1992 through 10 March 1995.
There also is no evidence the applicant was disqualified by his chain of
command from receiving the Good Conduct Medal and his records do not
contain any adverse information during this period of service.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

13.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate component bar
is furnished to denote each weapon with which the individual has qualified.
 The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

14.  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 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 to be worn on the Southwest Asia Service Medal for participation
in a campaign,

15.  Appendix B of Army Regulation 600-8-22 lists the campaigns for
Southwest Asia, which include the Defense of Saudi Arabia (2 August 1990 to
16 January 1991), the Liberation and Defense of Kuwait (17 January to 11
April 1991), and the Southwest Asia Cease-Fire Campaign (12 April 1991 to
30 October 1995).

16  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

17.  Paragraph 2-4 of the separation documents regulation contains item-by-
item instructions for completing the DD Form 214.  The instructions for
completing Item 13 are to "List awards and decorations for all periods of
service in the priority sequence specified in AR 600-8-22.  Each entry will
be verified by the Soldier's records.  Do not use abbreviations".

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Southwest
Asia Service Medal with 1 bronze service star based upon his participation
in the Southwest Asia Cease-Fire campaign while serving as a member of Task
Force 2-37 Armor.  He provides a copy of his DD Form 214 and a memorandum
from the commander of Task Force 2-37 Armor in support of his application.

2.  The evidence of records shows that the applicant served in direct
support of operations in Southwest Asia and participated in the Southwest
Asia Cease-Fire campaign.  Therefore, he is entitled to correction of his
records to show award of the Southwest Asia Service Medal with 1 bronze
service star.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 11 March 1992 through 10 March 1995 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

4.  The evidence of records shows that the applicant was awarded the
Marksman Marksmanship Qualification Badge with Rifle and Grenade Component
Bars.  Therefore, it would be appropriate to correct his records to show
this badge.

5.  As a matter of information related to this ABCMR Record of Proceedings,
the Louisiana War Cross that appears on the applicant's NGB Form 22 is an
award issued under the authority of the Governor of the Louisiana, which is
normally awarded by the State Adjutant General or a designated
representative.  State awards are not governed by, or listed in, Army
Regulation 600-8-22.  Therefore, entry of this state award on the
applicant's DD Form 214 is not authorized.
6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 March 1995; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
9 March 1998.  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.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

__MKP__  __LDS __  __MJF __  GRANT FULL 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 award of the Good Conduct
Medal, the Southwest Asia Service Medal with 1 bronze service star, and
Marksman Marksmanship Qualification Badge with Rifle and Grenade Component
Bars.




                                  _____M. K. Patterson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003691                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19950310                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Service          |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0074.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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