RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      29 August 2006
      DOCKET NUMBER:  AR20050018004


      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. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 Kuwait Liberation Medal
that was awarded by King Fahd of Saudi Arabia, and the Army Commendation
Medal and the Army Achievement Medals he received be added to his DD Form
214, Certificate of Release or Discharge from Active Duty, for his
participation in Operation Desert Storm.

2.  The applicant states, in effect, that because he served in the Persian
Gulf from January 1991 to May 1991, he would like the recognition for his
service to be recorded as well as the medals that he was awarded for his
service.

3.  The applicant submitted no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 10 July 1993.  The application submitted in this case is dated
1 December 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’s military records show that he enlisted in the US Army
Reserve Delayed Entry Program on 22 August 1988.  He enlisted in the
Regular Army on 11 July 1989.  The applicant completed basic combat and
advanced individual training at Fort Knox, Kentucky.  After completing the
required training, he was awarded the military occupational specialty
(MOS), 19K (M1 Abrams Armor Crewman).

4.  The applicant was honorably released from active duty, on 10 July 1993,
under the provisions of Army Regulation (AR) 635-200, chapter 4, at the
expiration of term of service.  He was separated in the rank and pay grade
of Private First Class, E3.  On the date he was released from active duty,
he had completed 4 years active military service, with no lost time.
5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of the applicant's DD Form 214, shows he was
awarded the following awards:  the Army Lapel Button; the Army Service
Ribbon, the National Defense Service Medal; the Overseas Service Ribbon,
and the Expert Marksmanship Qualification Badge, with Pistol Bar.  The Army
Commendation Medal and Army Achievement Medals are not shown on the
applicant's DD Form 214.

6.  There are no entries in Item 9 (Awards, Decorations and Campaigns), of
the DA Form 2-1, Personnel Qualification Record, Part II, to show the
applicant was awarded the Army Commendation Medal or Army Achievement
Medals.

7.  There are no orders in the applicant's military personnel records
awarding him the Army Commendation Medal or Army Achievement Medals.

8.  The applicant alleges he received the Army Commendation Medal and Army
Achievement Medals; however, he provided no proof to support his
allegation.  There are no orders, or other evidentiary documents, that
award these medals to the applicant.  In the absence of a proper award
authority for these medals, the applicant may request award of the Army
Commendation Medal and Army Achievement Medals, 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
these decorations under Section 1130 and, as a result, these awards will
not be discussed further in this Record of Proceedings.

9.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, shows he
served in the Republic of Korea from 26 November 1989 through 25 November
1990.  No entry appears in this item to support his contention that he
served in Operation Desert Shield/Desert Storm in the Persian Gulf.

10.  Item 35 (Record of Assignments), of the applicant's DA Form 2-1, shows
he was assigned to Headquarters and Headquarters Company (HHC), 3rd
Battalion, 68th Armor, on 9 January 1991.  The HHC was "scribbled through"
and B Co (Company) was entered in its place.

11.  Headquarters, Fort Carson and Headquarters, 4th Infantry Division
(Mechanized), published Orders 001-318 assigning the applicant to HHC 3rd
Battalion, 68th Armor, on 3 January 1991.  The applicant's reporting date
was established for 9 January 1991.
12.  Section III (Unit Data), item 2 (Unit Name), of the applicant's DA
Form 2, Personnel Qualification Record, Part I, shows the applicant was
assigned to "0035RAR BN 02 Co B Tank" (Co B, 2nd Battalion, 35th Armor
(Tank)) Item 3, in this same section, shows he was assigned to this unit on
9 January 1991.

13.  Orders amending the applicant's unit of assignment from HHC 3rd
Battalion, 68th Armor to Co B 2nd Battalion, 35th Armor (Tank), were not
found in his service personnel records.

14.  Headquarters, Fort Carson and Headquarters, 4th Infantry Division
(Mechanized), published Orders 015-710, which order the applicant and eight
other Soldiers to proceed on temporary duty (deployment), in support of
Desert Shield, for 179 days, with a will proceed date of 1 February 1991.
The applicant was identified as being assigned to Company B, 2nd Battalion,
35th Armor.

15.  A by-name and by-service number search of the Gulf War Participants
Listing was conducted.  The applicant's name and service number do not
appear on the Gulf War Participants Listing.  Of the eight Soldier
appearing on the orders referred to in the above paragraph, Private B****o,
Specialist T*******n, and the applicant are not listed on the Gulf War
Participant's Listing.

16.  On 25 January 1991, a memorandum, Subject: Request for Missing
Documents/Information was sent to the PSNCO/PAC [Personnel Staff
Noncommissioned Officer/Personnel Administration Center] Supervisor, HHC,
3rd Battalion, 68th Armor Battalion, requesting a copy of the DA Form 4187
(Personnel Action), pertaining to the promotion of the applicant to pay
grade E-3.

17.  Item 9, of the applicant's DA Form 2-1, shows the applicant was
awarded the First Class Marksmanship Qualification Badge, with Hand Grenade
Bar, on 28 August 1989.  This badge does not appear on the applicant's DD
Form 214.

18.  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 (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) 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).

19.  The Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia,
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.

20.  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.

21.  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.

22.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was ordered to deploy, with eight
other Soldiers, in support of Operation Desert Shield/Desert Storm;
however, there is no evidence to show he actually deployed and served in
the Persian Gulf during the period January 1991 to May 1991, as he alleges.

2.  A by-name and by-service number search of the Gulf War Participant's
Listing was conducted.  The applicant's name and service number were not
found.

3.  Based on the lack of corroborating evidence to support the applicant's
allegation that he deployed to the Persian Gulf in support of Operation
Desert Shield/Desert Storm, he is therefore not entitled to award of the
Southwest Asia Service Medal; the Kuwait Liberation Medal, awarded by the
Kingdom of Saudi Arabia; and the Kuwait Liberation Medal, awarded by the
Government of Kuwait, and to have these awards added to his DD Form 214.

4.  The evidence show the applicant served in the Republic of Korea from
November 1989 to November 1990.  He is therefore entitled to award of the
Korea Defense Service Medal and to have this award added to his DD Form
214.

5.  The evidence shows the applicant earned the First Class Marksmanship
Qualification badge, with Hand Grenade Bar.  This qualification Badge is
not shown on his DD Form 214.  He is entitled to have this badge added to
his DD Form 214.

6.  Evidence shows that the applicant’s records contain 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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 July 1993; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 July 1996.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RDG___  _PMS___  _LMD___  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 administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  awarding the applicant the Korea Defense Service Medal and adding
this award to the applicant's DD Form 214; and

      b.  adding the already-awarded First Class Marksmanship Qualification
Badge, with Hand Grenade Bar, to the applicant's DD Form 214.




                                  _____Paul M. Smith____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050018004                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   135                |107.0089                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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