RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2004
      DOCKET NUMBER:  AR20060001243


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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 the award of
six Army Achievement Medals (AAMs), the Southwest Asia Service Medal, and
the Kuwait Liberation Medal (Kuwait).

2.  The applicant states, in effect, that he has paperwork for six AAMs but
only one award is annotated on his DD Form 214.  He states that he served
with  
Company D, 3rd Battalion, 3rd Armor Regiment, 1st Infantry Division
Forward, in Saudi Arabia during the period 4 December 1990 to 11 January
1991.

3.  The applicant provides:

      a.  a copy of his DD Form 214;

      b.  a copy of Department of the Army, Personnel Service Center
Permanent Orders Number 73-1, dated 11 June 1986; and

      c.  four copies of DA Form 638 (Recommendation for Award of
Meritorious Service Medal and Below).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1991, the date of his release from active
duty.  The application submitted in this case is dated 17 January 2006;
however, it was received 26 January 2006.

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's record shows that he entered active duty on 9 July
1985.  He successfully completed basic combat training and advanced
individual training and was awarded military occupational specialty 19E10
(Armor Crewman).

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 show the following awards:  Army Service Ribbon, Army Achievement
Medal, German Marksman Badge (Bronze), Drivers Badge (Wheel), Army Good
Conduct Medal (Second Award), National Defense Service Medal, and the
Overseas Service Ribbon.  However, it does not show the award of six AAMs,
the award of the Southwest Asia Service Medal or the award of the Kuwait
Liberation Medal (Kuwait).

5.  Information retrieved from the Gulf War Deployment Roster shows that
the applicant served with Company D, 3rd Battalion, 3rd Armor Regiment,  
1st Infantry Division Forward, in Saudi Arabia during the period 1 October
 
1990 to 24 January 1991.  He was honorably released from active duty on  
30 November 1991.

6.  Permanent Order Number 73-1, dated 11 June 1986, issued by Department
of the Army, Personnel Service Center, shows the applicant was awarded the
first AAM.

7.  DA Form 638 Order Number 016-07, dated 28 June 1990, issued by
Headquarters, 1st Infantry Division, 3rd Battalion, 34th Armor Regiment,
shows that the applicant was awarded a second AAM.

8.  DA Form 638 Order Number 4-1, dated 2 October 1990, issued by
Headquarters, 299th Support Battalion, shows that the applicant was awarded
a third AAM.

9.  DA Form 638 Order Number 40-19, dated 1 December 1990, issued by
Headquarters, 1st Infantry Division, 3rd Battalion, 34th Armor Regiment,
shows that the applicant was awarded fourth AAM.

10.  DA Form 638 Order Number 8-17, dated 11 February 1991, issued by
Headquarters, 1st Infantry Division, 3rd Battalion, 34th Armor Regiment
shows that the applicant was awarded the fifth AAM.

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that an Oak Leaf Cluster is awarded to denote the second and succeeding
awards of certain decorations, among which is the AAM.

12.  There is no order in the applicant's record that shows he was awarded
the Southwest Asia Service Medal or the Kuwait Liberation Medal (Kuwait).

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show six awards
of the AAM, the Southwest Asia Service Medal, and the Kuwait Liberation
Medal (Kuwait).

2.  Orders show that the applicant was awarded five AAMs; therefore, he is
entitled to correction of his records to show the award of the AAM with
four Oak Leaf Clusters.

3.  Record shows that the applicant served in Saudi Arabia during the
period  
1 October 1990 to 24 January 1991.  Therefore, the applicant is entitled to
correction of his records to show the award of the Southwest Asia Service
Medal with two bronze service stars and the Kuwait Liberation Medal
(Kuwait).

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on  
29 November 1994.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____rom_  ___rml___  ___ena__  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 showing the award of
the Army Achievement Medal with four Oak leaf Clusters, the Southwest Asia
Service Medal with two bronze service stars and the Kuwait Liberation Medal
(Kuwait).

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 Army Achievement Medal with five Oak leaf Clusters.



                            _________Eric N. Andersen_____________
                                           CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001243                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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