RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050006145


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Ms. Maribeth Love                 |     |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 award of the Bronze Star
Medal, the Combat Infantryman Badge and two Overseas Service Ribbons.

2.  The applicant states he was sent to 3rd Battalion, 41st Field Artillery
at Fort Stewart after Desert Shield/Desert Storm ended and all of his
records were lost.  He states that his DD Form 214 does not show awards for
the Persian Gulf.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 20 June 1993.  The application submitted in this case is dated 16 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 requested correction of his records to show an award of
the Bronze Star Medal.  There are no orders or other evidence on file in
his record authorizing award of the Bronze Star Medal.  In the absence of a
proper award authority for this decoration, the applicant may request the
Bronze Star Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under Section 1130 and, as
a result, the Bronze Star Medal will not be discussed further in this
Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 4 August 1987.  He
completed the required training and was awarded military occupational
specialty (MOS) 13B (Cannon Crewmember).

5.  The applicant's personnel records contain Headquarters, 4th Battalion,
14th Field Artillery, APO New York 09139-0400 Permanent Orders 108-3
dated 30 October 1989 which awarded him the Army Achievement Medal for
meritorious service from 26 November 1987 to 26 November 1989.
6.  The applicant was discharged from active duty on 20 June 1991 and
reenlisted on 21 June 1991.

7.  The Defense Manpower Data Center (DMDC) compiled the Desert
Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one
record for each active duty member who participated in-theater between
2 August 1990 and 31 July 1991 and one record for each Reservist, National
Guard member or retiree who was activated or federalized in response to
Desert Shield/Desert Storm.  A Phase II file lists active duty personnel
who served
in-theater between 1 August 1991 and 31 December 1993.  This database shows
the applicant served in theater during Desert Shield/Desert Storm from
1 September 1990 through 27 March 1991.

8.  The applicant was released from active duty on 20 June 1993 under the
provisions of Army Regulation 635-200, chapter 4 at the expiration of term
of service.  He completed 5 years, 10 months and 17 days of active military
service. He subsequently served in the Army National Guard.

9.  His DD Form 214 shows he was awarded the Army Achievement Medal (Second
Oak Leaf Cluster), the Army Lapel Button, the Army Service Ribbon, the
Kuwait Liberation Medal, the National Defense Service Medal, the Overseas
Service Ribbon, the Southwest Asia Service Medal with two bronze service
stars, and the Expert Marksmanship Qualification Badge with Rifle and
Grenade Bar.

10.  Item 12f (Foreign Service) on the applicant's DD Form 214 shows he
served 2 years, 6 months and 28 days of foreign service, which includes his
6 months and 28 days of service in Southwest Asia (SWA).  His DA Form 2-1
(Personnel Qualification Record) is not available.

11.  Item 18 (Remarks) on the applicant's DD Form 214 does not show his
service in SWA.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge, and paragraph 8-6k specifies that for the Persian
Gulf War (Operation Desert Storm) individuals must have met the criteria in
paragraphs
8-6b and c to be awarded the Combat Infantryman Badge during the period
17 January 1991 to 11 April 1991.  These paragraphs state that there are
basically three requirements for award of the Combat Infantryman Badge.
The Soldier must be an infantryman satisfactorily performing infantry
duties, he must be assigned to an infantry unit during such time as the
unit is engaged in active ground combat, and he must actively participate
in such ground combat.  Specific requirements state, in effect, that an
Army enlisted Soldier must have an infantry or special forces specialty,
satisfactorily performed duty while assigned or attached as a member of an
infantry, ranger or special forces unit of brigade, regimental, or smaller
size during any period such unit was engaged in active ground combat.  A
recipient must be personally present and under hostile fire while serving
in an assigned infantry or special forces primary duty, in a unit actively
engaged in ground combat with the enemy.

13.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.  The Overseas Service Ribbon will not be awarded for overseas
service recognized with another U.S. service medal.  For example, if a
Soldier was credited with overseas tour completions per Army Regulation 614-
30 for Alaska, Berlin, Germany, the Vietnam Conflict, and the Persian Gulf,
he or she would be entitled to the Overseas Service Ribbon with numeral 2
(Alaska and Germany), the Army of Occupation Medal (Berlin), the Vietnam
Service Medal, and the Southwest Asia Service Medal.

14.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part, it
states that item 18 (Remarks) is used for entries required by Headquarters,
Department of the Army for which a separate block is not available and for
completing entries that are too long for their blocks.  Paragraph 18(f)(2)
states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM
(inclusive dates)" will be entered in item 18 for active duty Soldiers
deployed to a foreign country with their unit.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence which shows the applicant was awarded an infantry
MOS or served with an infantry unit during active ground in SWA.
Therefore, he has not met the requirements for award of the Combat
Infantryman Badge.

2.  The applicant was awarded one Overseas Service Ribbon and the Southwest
Asia Service Medal.  In accordance with the Military Awards regulation, the
Overseas Service Ribbon will not be awarded for overseas service recognized
with another U.S. service medal.  Therefore, he is not eligible for a
second award of the Overseas Service Ribbon.


3.  The DMDC shows the applicant served in SWA from 1 September 1990 to
27 March 1991.  Therefore, it would be appropriate to amend item 18 on his
DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 1 SEP 90 – 27
MAR 91."

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 June 1993; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 19 June 1993.  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.

5.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM______  RS______  AL______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned by amending item 18 on his DD Form 214 to show the
entry "SERVICE IN SOUTHWEST ASIA FROM 1 SEP 90 – 27 MAR 91."




                                  John Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006145                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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