RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          15 November 2005
      DOCKET NUMBER:  AR20050004082


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Robert Duecaster              |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show the Southwest Asia Service
Medal (SWASM), the Army Achievement Medal, the Kuwait Liberation Medal
awarded by the Government of Kuwait (KLM-K), and the Kuwait Liberation
Medal awarded by the Kingdom of Saudi Arabia (KLM-SA).

2.  The applicant states he was discharged from active duty immediately
following the Persian Gulf War and before the awards could be fully
processed and added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a DA Form 638-1
(Recommendation for Award), dated 9 May 1991; a photograph of medals; and
documentation on the SWASM, the KLM-K, the Army Achievement Medal, and the
KLM-SA.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
15 June 1991.  The application submitted in this case is dated 7 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 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 enlisted on 16 June 1989 for a period of 2 years.  He
served as an armor crewman in Southwest Asia from 12 October 1990 through
17 April 1991 and was released from active duty on 15 June 1991.

4.  The applicant's DD Form 214 shows the Good Conduct Medal, the National
Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship
Qualification Badge with Pistol Bar, the Expert Marksmanship Qualification
Badge with Grenade Bar, and the Army Lapel Button as authorized awards.

5.  The DA Form 638-1 provided by the applicant shows he received the Army
Achievement Medal for the period 1 September 1990 to 27 May 1991.


6.  Army Regulation 600-8-22 (Military Awards) provides that service in the
Persian Gulf War is to be recognized by award of the 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), the
Liberation and Defense of Kuwait (17 January to 11 April 1991), and the
Cease-Fire Campaign (12 April 1991 to 30 October 1995).

7.  The 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.

8.  The 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Southwest Asia, he is entitled to
award of the SWASM with three bronze service stars, the KLM-K, and the KLM-
SA.

2.  The DA Form 638-1 is accepted as sufficient as a basis for amending the
applicant’s DD Form 214 to show award of the Army Achievement Medal.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 15 June 1991; therefore, the time for the
applicant to file a request for correction of any error expired on 14 June
1994.  The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

SK______  JM_____  _RD____  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 DD Form 214 to show that
he was awarded the SWASM with three bronze service stars, the Army
Achievement Medal, the KLM-K, and the KLM-SA.




            ___Stanley Kelley__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004082                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0074                                |
|2.                      |107.0025                                |
|3.                      |107.0089                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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