RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20050016814


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show he served in
Operation Desert Storm and Desert Shield.  He also requests correction of
his DD Form 214 to show award of the Legion of Merit, the Kuwait Liberation
Medal, the Southwest Asia Service Medal, and the Combat Infantryman Badge
and to show he was inducted in the Ordnance Corps Hall of Fame.

2.  The applicant states, in effect, that he did not want anyone to know he
served in Desert Storm and Desert Shield because he was afraid of being
shunned.  The applicant further states that his command was prejudiced
towards him.

3.  The applicant provides a copy of DA Form 67-8 (U.S. Army Officer
Evaluation Report) for the period 15 May 1990 through 14 May 1991; Standard
Form 180 (Request Pertaining to Military Records); 1998 Ordnance Corps Hall
of Fame background information; a two-page self-authored letter; and four
pages of black and white pictures in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1993, the date of his retirement.  The application
submitted in this case is dated 15 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 Regular Army on 23 March 1976 and
continued to serve until he was honorably separated on 28 February 1984.
On 29 February 1984, he was commissioned as a warrant officer one in the
Army.  He continued to serve until he was honorably retired on 30 June
1993.



4.  The applicant requests correction of his DD Form 214 to show award of
the Legion of Merit.  His service records contain a DD Form 215 (Correction
to DD Form 214, Certificate of Release or Discharge from Active Duty),
dated 3 May 1995.  This form corrected the applicant's DD Form 214 with the
separation date of 30 June 1993 by adding award of the Legion of Merit.  As
a result, no further action is needed on this matter.

5.  The applicant's DD Form 214 shows he served 2 years and 1 month of
Foreign Service; however, this form does not show where he served overseas.

6.  A review of the Persian Gulf War Campaign roster shows that the
applicant was assigned to the Headquarters and Headquarters Battery, 3rd
Battalion of the 2nd Air Defense Artillery Regiment and served in Operation
Desert Storm during the period 25 January 1991 through 3 May 1991.  This
roster also shows that his military occupational specialty at that time was
915E (Support/Staff Maintenance Technician).

7.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation directs, in pertinent part, that the purpose of the separation
document is to provide the individual with documentary evidence of their
military service.  It is important that information entered on the form
should be complete and accurate.

8.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation
of the DD Form 214.  It states, in pertinent part, that from the soldier's
Enlisted Record Brief or Officer Record Brief, enter the total amount of
foreign service completed during the period covered by the DD Form 214 will
be entered in Item 12c.  It also states, in pertinent part, that for an
active duty Soldier deployed with his or her unit during the period covered
by the DD Form 214, the following statement will be entered in Item 18
(Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates
for example, YYYYMMDD - YYYYMMDD)."

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 does not show award
of the Kuwait Liberation Medal, the Southwest Asia Service Medal, or the
Combat Infantryman Badge.

10.  The Kuwait Liberation Medal awarded by the Government of Kuwait (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.
11.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(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.

12.  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).

13.  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.

14.  The applicant requests correction of item 13 of his DD Form 214 to
show "Ordnance Corps Hall of Fame."

15.  Army Regulation 635-5 provides that item 13 of the DD Form 214 will
reflect decorations, medals, badges, citations and campaign ribbons awarded
or authorized for all periods of service.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
that he participated in the Persian Gulf War (Operation Desert Storm) and
to show award of the Kuwait Liberation Medal, the Southwest Asia Service
Medal, and the Combat Infantryman Badge.  The applicant further contends
that his DD Form 214 should be amended to show that he was inducted into
the Ordnance Corps Hall of Fame.

2.  The Persian Gulf War Campaign roster shows the applicant served in
Operation Desert Storm during the period 25 January 1991 through 3 May
1991. Therefore, he is entitled to correction of his DD Form 214 to show
the following entry:  "SERVICE IN KUWAIT FROM 19910125 - 19910503."

3.  Based on the above, the applicant is entitled to award the Kuwait
Liberation Medal, the Kuwait Liberation Medal-Saudi Arabia, and the
Southwest Asia Service Medal.  Therefore, he is entitled to correction of
his separation document to show these awards.

4.  Regulation states that bronze service stars are given to Soldiers who
participated in campaigns during Operations Desert Storm/Shield.  Evidence
shows the applicant participated in the Liberation and Defense of Kuwait
and the Southwest Asia Cease-Fire campaigns.  Therefore, he is entitled to
two bronze service stars to be affixed to the Southwest Asia Service Medal.

5.  Evidence does not show the applicant was awarded a qualifying infantry
military occupational specialty or that he served in an infantry unit or
infantry position in combat during Operation Desert Shield/Storm.  Based on
the foregoing, the applicant does not meet the established criteria for
award of the Combat Infantryman Badge in this case.

6.  Army Regulation 635-5 states that only authorized military awards are
to be placed on the DD Form 214.  The Ordnance Corps Hall of Fame Inductee
is not recognized as an authorized military award.  Therefore, there is no
basis to amend the applicant's DD Form 214 to show this award.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MKP__  _MJF__  _GJP_____  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:

      a.  by annotating the following entry in Item 18 of DD Form 214,
"SERVICE IN KUWAIT FROM 19910125 – 19910503"; and


      b.  by awarding the Kuwait Liberation Medal, the Kuwait Liberation
Medal-Saudi Arabia ,and the Southwest Asia Service Medal with two bronze
service stars.

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 Combat Infantryman Badge and Ordnance Corps Hall of Fame Inductee.




                              ___M. K. Patterson___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016814                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000.0000                           |
|2.  233                 |113.0000.0000                           |
|3.  189                 |110.0000.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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