RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            06 JULY 2006
      DOCKET NUMBER:   AR20050016534


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Anderson                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 that his records be corrected by awarding him
the Kuwait Liberation Medal (KLM-K) issued by the government of Kuwait, the
Humanitarian Service Medal (HSM) and an oak leaf cluster (OLC) to be added
to his Presidential Unit Citation (PUC w/1OLC).

2.  The applicant states that he believes that he is entitled to awards of
the    KLM-K, the HSM and the PUC w/1OLC).  He goes on to state that he
served in Operation Desert Shield/Storm from 15 November 1990 through 14
April 1991 with the 3/8th Field Artillery (XVIII Airborne Corps) and after
his unit returned to the United States his unit issued an OLC to add to the
PUC.

3.  The applicant provides a copy of his report of separation (DD Form 214)
and a copy of his NGB Form 22 (report of separation from the National
Guard).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 June 1995.  The application submitted in this case was
received on 20 November 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.  He enlisted on 1 May 1990 for a period of 3 years and 15 weeks and
training as a cannon crewman.  He completed his one-station unit training
at Fort Sill, Oklahoma and was transferred to Fort Bragg, North Carolina,
on 5 September 1990 and was assigned to B Battery, 3/8th Field Artillery,
XVIII Airborne Corps.

4.  He was deployed with his unit to Southwest Asia in support of Operation
Desert Shield/Storm on 15 November 1990 and remained there until his
departure on 14 April 1991, when he was returned to his unit.

5.  He was advanced to the pay grade of E-4 on 1 February 1993 and on
13 August 1993, he was honorably released from active duty (REFRAD) due to
the expiration of his term of service (ETS).  He had served 3 years, 3
months and 13 days of total active service and his DD Form 214 issued at
the time of his REFRAD shows that he was awarded the Army Service Ribbon,
the National Defense Service Medal, the Southwest Asia Service Medal with
two bronze service stars, the Kuwait Liberation Medal (Saudi Arabia) and
marksmanship badges.

6.  He enlisted in the Georgia, Army National Guard (GAARNG) on 8 July 1993
for a period of 4 years.  He was ordered to active State military duty in
support of Flood Relief Operations in Georgia on 16 July 1994 and served
until 22 July 1994.  The applicant received a Georgia Commendation Medal
for his efforts during that relief effort.  He remained in the GAARNG until
7 January 1995, when he requested to be discharged from the GAARNG due to
conflicts with his civilian job and his military duties.

7.  His request was approved and on 1 June 1995, he was honorably
discharged from the GAARNG and was transferred to the United States Army
Reserve (USAR) Control Group (Reinforcement).

8.  A review of the history of the XVIII Airborne Corps and the 3/8th Field
Artillery Battalion (subsequently redesignated as 3rd Battalion, 327th
Field Artillery) fails to show that those units were awarded the PUC during
the period the applicant served with either unit.  While the XVIII Airborne
Corps was previously awarded the PUC during World War II, the applicant was
only authorized to wear that award while assigned to the unit and it is not
authorized for entry on his records unless he was with the unit during the
period for which it was awarded.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Humanitarian Service Medal (HSM) is awarded to members who
distinguished themselves by meritorious direct participation in a
Department of Defense approved significant military act or operation of a
humanitarian nature.  A service member must be on active duty at the time
of direct participation, must have directly participated in the
humanitarian act or operation within the designated geographical area of
operation and within specified time limits, and must provide evidence that
substantiates direct participation.  The HSM was approved by the Department
of Defense (DOD) for the Southeast Flood Disaster Relief Operation in
Georgia during the period of 7 July through 19 August 1994.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant’s entitlement to the
award of the KLM-K.  Accordingly, it would be in the interest of justice to
award him that medal at this time and correct his DD Form 214 dated 13
August 1993 to show that award.

2.  The evidence of record also shows that while serving in the GAARNG, he
was ordered to State active duty to support relief efforts during the
Southeast Flood Disaster Relief Operation that was approved by the DOD for
award of the HSM.  Accordingly, he is entitled to be awarded the HSM and to
have his NGB Form 22 dated 1 June 1996 corrected to reflect that award as
well.

3.  The applicant’s contention that he is entitled to be awarded the PUC w/
1OLC has been noted; however, he has failed to show through the evidence
submitted or the evidence of record that he served with a unit that was
awarded the PUC while he was assigned to the unit.  Accordingly there is no
basis to award him the PUC or to add it to his records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__EA ___  ___MF __  ___DP __  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 awarding him the KLM-K and by adding it to his DD Form 214
dated 13 August 1993; and

      b.  by awarding him the HSM and by adding it to his NGB Form 22 dated
1 June 1996.

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
adding the PUC to his records.




                            _____ Eric Andersen______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016534                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19930813                                |
|DISCHARGE AUTHORITY     |AR 635-200 & NGR 600-200                |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |121/HSM                                 |
|1.107.0075              |                                        |
|2.107.0089              |135/KLM-K                               |
|3.107.0031              |77/PUC                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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