RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:  AR20050004040


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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, that the Bronze Star Medal (BSM) be
added to his separation document (DD Form 214).

2.  The applicant states, in effect, that the BSM he earned is not included
in the list of awards contained in his DD Form 214.

3.  The applicant provides a BSM Certificate and a copy of Headquarters VII
Corps Permanent Orders (PO) Number (#) 68-19, dated 9 July 1991, in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 29 May 1991.  The application submitted in this case was
received on 1 March 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 record shows that after having enlisted and served in
the Army National Guard (ARNG) for 20 years, 1 month, and 1 day, he was
ordered to active duty on 9 December 1990.

4. The applicant’s Personnel Qualification Record (DA Form 2-1) includes
the BSM in the list of authorized awards contained in Item 9 (Awards,
Decorations, and Campaigns).

5.  On 29 May 1991, the applicant was released from active duty (REFRAD),
by reason of expiration term of service (ETS).  The separation document he
was issued at the time shows he completed 5 months and 21 days active
military service during the period covered by the separation document.

6.  The applicant’s DD Form 214 does not include the BSM in the list of
authorized awards contained on the DD Form 214.  The DD Form 214 confirms
the applicant served in Southwest Asia (SWA) in support of Operations
Desert Shield and Desert Storm from 2 February through 5 May 1991.

7.  The applicant provides a certificate that shows he was awarded the BSM
for meritorious achievement against an armed enemy in combat.  He also
provides a copy of Headquarters, VII Corps, PO# 68-19, dated 9 July 1991,
which awarded him the BSM, for meritorious achievement during the period 9
February to
1 March 1991.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  It provides guidance on
award of the Southwest Asia Service Medal (SWASM).  It states, in pertinent
part, that it is awarded to members for service in SWA in support of the
Persian Gulf War during Operations Desert Shield/Desert Storm on or after 2
August 1990.  A bronze service star is authorized for campaigns a member
participated in while serving in SWA.  During the applicant’s tenure of
assignment, credit was granted for participation in the Defense of Kuwait
and SWA Cease Fire campaigns.

9.  The Kuwait Liberation Medal (KLM) was granted by decree of the King of
Saudi Arabia and accepted by the Deputy Secretary of Defense on 7 October
1991.  It was awarded to members who served in support of Operation Desert
Storm between 17 January 1991 and 28 February 1991.

10.  The Government of Kuwait offered the KLM to members of the Armed
Forces of the United States and the medal was accepted by the Secretary of
Defense on 16 March 1995.  It was awarded to members who served in support
of Operation Desert Shield or Desert Storm between 2 August 1990 and
31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant’s claims of entitlement to the BSM.
 The evidence confirms he was awarded the BSM for meritorious achievement
during the period 9 February through 1 March 1991, as evidenced by the BSM
certificate and orders provided by the applicant.  Therefore, it would be
appropriate to add this award to his DD Form 214 at this time.

2.  The evidence of record also shows that based on his service and
campaign participation in SWA in support of Operation Desert Shield/Desert
Storm, he is also entitled to the SWASM with 2 bronze service stars, KLM-
Saudi Arabia, and the KLM-Kuwait.  Therefore, it would also be appropriate
to add these awards to his record and separation document at this time.

BOARD VOTE:

___JTM  _  ___ML__  ___RGS_  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 amending his 29 May 1991 DD Form 214
by adding the Bronze Star Medal, Southwest Asia Service Medal with 2 bronze
service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation
Medal-Kuwait; and by providing him a correction to his separation document
that includes these awards.




            ____John T. Meixell_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004040                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/12/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/05/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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