RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050015508


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William F. Crain              |     |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 Southwest Asia Service
Medal, the Kuwait Liberation Medal, the Korea Defense Service Medal, and
the Expert Tank Weapons Qualification Badge, the Combat Lifesavers Course,
and the M8A1 Chemical Alarm Certification be added to his DD Form 214,
Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that the above service medals and
training courses were not added to his DD Form 214 when he was released
from active duty.  It took him over two years to complete the Combat Life
Savers Course and it was left off his DD Form 214.  He states that he
believes it is just an oversight and that he did not notice it until the
VA (Department of Veterans Affairs) pointed it out to him.  He adds that
he has sent the items to NPRC (the National Personnel Record Center) and
the HRC (Human Resources Command) and no one can help him.  They informed
him they could not change anything.  They told him only the Army can
change his record.  So, he has been looking and sending and all he
gets is, "we can't help you or, there are no papers on you."

3.  The applicant provided a copy of his DD Form 214; a series of e-Mail
messages between himself and an individual at the EREC (Enlisted Records
Center); a copy of a correspondence course completion notice for the Combat
Lifesavers Course and a termination of enrollment notice on completion of
the course requirements; a certificate of training for the 8 Hour M8A1
Chemical Alarm Certification; a memorandum, Subject:  Award of Tank Weapons
Marksmanship Badge, dated 1 October 1991; three certificates/orders
awarding him the Army Achievement Medal; a copy of a certificate/order
awarding him the Army Commendation Medal; a copy of a certificate of
training for completion of 120 hours of R&U (recreation and Utilities)
Training; and a copy of the certificate appointing him a Guardian of
Freedom.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 December 1993, the date he was released from active duty.
The application submitted in this case is dated 20 October 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 enlisted in the US Army Reserve, for 8 years, on 13
December 1990.  On 15 January 1991, the applicant enlisted in the Regular
Army.  On completion of his training, he was awarded the military
occupational specialty (MOS), 19K, M1 Armor Crewman.

4.  The applicant was honorably released from active duty in the rank and
pay grade of Specialist, E-4, on 14 December 1993, under the provisions
of AR 635-200, Chapter 16, Paragraph 16-5b, for non-retention on active
duty.  On the date of his release from active duty, the applicant had
completed 2 years, and 11 months active military service, with no days
lost time.

5.  The DD Form 214 the applicant was issued on his discharge date shows,
in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), that during his Army service, he was awarded:  the
Army Commendation Medal; the Army Achievement Medal, with two oak leaf
clusters; the Good Conduct Medal; the National Defense Service Medal; the
Army Service Ribbon; the Overseas Service Ribbon; and the Sharpshooter
Marksmanship Qualification Badge, with Pistol Bar.  No other awards are
shown on the applicant's DD Form 214.

6.  The applicant provided three certificates/orders awarding him the Army
Achievement Medal, in effect, the Army Achievement Medal, with two oak leaf
clusters.  This award is already shown on his DD Form 214.  No further
action is required with/for these awards.

7.  The applicant provided a certificate/order awarding him the Army
Commendation Medal.  This award is already shown on his DD Form 214.  No
further action is required with/for this award.

8.  Item 18 (Remarks), of the applicant's DD Form 214, shows the applicant
served in Southwest Asia from 10 August 1992 though 2 November 1992.  This
information is corroborated in the Operation Desert Shield/Desert Storm
Participants List.

9.  At the time the applicant was awarded the certificate of training for
the 8 Hour M8A1 Chemical Alarm Certification, he was assigned to the 2nd
Battalion, 72nd Armor, located at Camp Casey, Korea.

10.  The Commander, 2nd Battalion, 72nd Armor, issued the memorandum that
awarded the applicant the Expert Tank Weapons Marksmanship Badge on
1 October 1991.

11.  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 for the Defense of Saudi Arabia (2 August 1990 to 16 January
1991) and the Liberation and Defense of Kuwait (17 January to 11 April
1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

12.  While participating in Operation Desert Shield/Desert Storm, the
applicant participated in the Cease-Fire Campaign which extended from 12
April 1991 through 30 October 1995.

13.  The Kuwait Liberation Medal, awarded by the Government of Kuwait, 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.

14.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

15.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time
in the area of eligibility;  b) is wounded or injured in the line of duty
and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation and states that authorized bronze service stars will be
worn on the appropriate service medal, in this case, the Southwest Asia
Service Medal.

17.  AR 635-5 prescribes policies and procedures regarding separation
documents and entries, which are to be made in Item 14 (Military Education)
of the DD Form 214.  The instructions are as follows: "List in-service
training courses; title, number of weeks, year successfully completed
during this period of service e.g., medical, dental, electronics, supply,
administration, personnel or heavy equipment operations.  This information
is to assist the member after separation in job placement and counseling;
therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant deployed with his unit to
Southwest Asia in support of Operation Desert Shield/Desert Storm.  The
period of his service in Southwest Asia was entered and is shown in the
remarks section of his DD Form 214; however, service awards to which he is
entitled were not entered on his DD Form 214.

2.  While participating in Operation Desert Shield/Desert Storm, the
applicant participated in the Cease-Fire Campaign.  He is therefore
entitled to award of the Southwest Asia Service Medal, with one bronze
service star, to denote his participation in Operation Desert Shield/Desert
Storm and his participation in one campaign.

3.  The evidence shows that the applicant is also entitled to award of
the Kuwait Liberation Medal, awarded by the Government of Kuwait, for his
service
in Operation Desert Shied/Desert Storm and to have this award shown on
his DD Form 214.

4.  The evidence further shows that the applicant served in the Republic of
Korea and is entitled to award of the Korea Defense Service Medal and to
have this award shown on his DD Form 214.

5.  The evidence shows that the applicant qualified expert with tank
weapons and was awarded he Expert Marksmanship Qualification Badge, with
Tank Weapons Bar.  This marksmanship qualification badge is not shown on
his DD Form 214.  He is entitled to have it added to his DD Form 214.

6.  The applicant provided sufficient evidence to show that he completed
the Combat Lifesavers Course, by correspondence course, an 8 Hour M8A1
Chemical Alarm Certification course and 120 hours of R&U Training; however,
these training courses are prohibited by AR 635-5, the regulation that
provides policy and procedures for entries to be made on the DD Form 214,
from entry on the applicant's DD Form 214 because they are related to
combat skills.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___T____  __WDP__  __WFC _  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:

      a.  awarding the applicant the Southwest Asia Service Medal, with one
bronze service star; the Kuwait Liberation Medal, awarded by the Government
of Kuwait, and the Korea Defense Service Medal, and adding these awards to
the applicant's DD Form 214; and

      b.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Tank Weapons Bar, to the applicant's DD Form 214.

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
the addition of the Combat Lifesavers Course, the 8 Hour M8A1 Chemical
Alarm Certification course and the 120 hours of R&U Training to the
applicant's DD Form 214.




                            _____William D. Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000 AWARDS AND DECORATIONS         |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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