RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2005
      DOCKET NUMBER:  AR20050006131


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, award of the Kuwait Liberation Medal
(KLM) and that his record be corrected to show he received the 4 Oak Leaf
Clusters with his Army Achievement Medal (AAM).

2.  The applicant states, in effect, that while he was in the Army he was
awarded 4 Oak Leaf Clusters with his AAM; however, the list of awards
contained on his separation document (DD Form 214) shows he only received
2.  He further states that based on his service in Southwest Asia in
support of Operation Desert Shield/Storm, he is entitled to the KLM;
however, this award is also not listed on his DD Form 214.

3.  The applicant provides a Self-Authored Statement and Recommendation for
Award (DA Form 638) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 February 1992.  The application submitted in this case
is dated
11 April 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 he enlisted in the Regular Army and
entered active duty on 7 February 1989.  He was trained in, awarded, and
served in military occupational specialty (MOS) 88M (Motor Transport
Operator), and the highest rank he attained while serving on active duty
was specialist (SPC).

4.  A Headquarters, 1st Infantry Division Memorandum, dated 6 March 1991,
Subject:  Deployment Dates to SWA, indicates that the individuals listed in
an enclosure were deployed to SWA for the period indicated.  The enclosure
includes the applicant’s name and indicates he was deployed to SWA from
1 December 1990 through 30 January 1991.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains DA
Forms 638, dated 28 February 1990, 10 September 1990, and 31 January 1992.
In all three of these award recommendations, the applicant was recommended
for and awarded the AAM.

6.  On 7 February 1992, the applicant was honorably separated at the
expiration of his term of service (ETS).  The DD Form 214 he was issued
shows he held the rank of specialist (SPC) and had completed a total of 3
years of active military service.  Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) shows that he earned
the following awards during his active duty tenure:  AAM with 2 Oak Leaf
Clusters; Army Service Ribbon; Overseas Service Ribbon; National Defense
Service Medal;
SWA Service Medal with 2 bronze service stars; Expert Qualification Badge
with Rifle and Grenade Bars; and Army Lapel Button.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 6-3 contains
guidance on Oak Leaf Clusters.  It states, in pertinent part, that an Oak
Leaf Cluster is issued to denote award of a second and succeeding awards of
decorations.  This includes the AAM.

8.  The Kuwait Liberation Medal 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.

9.  The Government of Kuwait offered the Kuwait Liberation Medal to members
of the Armed Forces of the United States and the medal was accepted by
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 of record confirms the applicant served in SWA from
1 December 1990 through 30 January 1991.  Therefore, he is entitled to the
KLM-Kuwait and KLM-Saudi Arabia and it would be appropriate to add these
awards to his record and separation document at this time.

2.  The applicant’s contention that he earned the AAM with 4 Oak Leaf
Clusters was also carefully considered.  However, there is an insufficient
evidentiary basis to support granting the requested relief.  By regulation,
an Oak Leaf Cluster is authorized to denote the second and succeeding award
of the AAM.  In this case, the evidence of record confirms the applicant
was awarded three AAMs, which would be listed as the AAM with 2nd Oak Leaf
Cluster, as is currently listed on his separation document.  Therefore,
there appears to be no error or injustice related to the current AAM entry
on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___BPI__  __DWS__  __EEM__  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 by showing his entitlement
to the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi
Arabia; and by providing him a correction to his separation document that
includes these awards.

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
a correction of the number of awards of and Oak Leaf Clusters authorized
with his Army Achievement Medal.




            ____Bernard P. Ingold______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006131                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/02/07                              |
|DISCHARGE AUTHORITY     |AR 635-200 C4                           |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]