RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 November 2006
      DOCKET NUMBER:  AR20060006407


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Good Conduct
Medal.  He also requests, in effect, award of the new “Honorable Service
Medal”, the Joint Service Achievement Medal, the “US Army Service Medal”,
the Overseas Service Ribbon, the “Kuwait Liberation Medal (US)”, the
American Defense Service Medal, the “Combat Service Medal”, the Kuwait
Liberation Medal awarded by the Government of Kuwait, and the Kuwait
Liberation Medal awarded by the Kingdom of Saudi Arabia.

2.  The applicant states, in effect, that he was awarded the Good Conduct
Medal and it is not on his DD Form 214, that he has an honorable discharge,
and that he was a member of Joint Task Force Panama from 14 December 1989
through 1 April 1990.  He further states that he served with honor, that he
served overseas for 1 year, 8 months, and 5 days, that he served in
Southwest Asia from 3 December 1990 to 18 May 1991, that he served at least
30 days in the United States, and that he had combat service in Panama and
Desert Shield/Storm.

3.  The applicant provides a copy of his DD Form 214; orders for the Good
Conduct Medal; a DA Form 4187 (Personnel Action), dated 5 September 2005;
and documentation which shows he served in Panama and Southwest Asia.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
13 December 1991.  The application submitted in this case is dated
12 September 2005; however, the application was received in this office on
27 April 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 enlisted on 29 November 1988 for a period of 4 years.  He
successfully completed One Station Unit Training in military occupational
specialty 95B (military police).  He served in Panama from 14 December 1989
through 1 April 1990 and served in Germany from 26 July 1990 through
13 December 1991.  While serving in Germany, the applicant was deployed to
Southwest Asia from 3 December 1990 through 16 May 1991.  On 13 December
1991, the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the Army Commendation Medal, the Army
Achievement Medal with First Oak Leaf Cluster, the National Defense Service
Medal, the Armed Forces Expeditionary Medal, the Army Service Ribbon, the
Southwest Asia Service Medal with two bronze service stars, the Expert
Marksmanship Qualification Badge with Machinegun Bar, the Expert
Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter
Marksmanship Qualification Badge with Pistol Bar (.45 caliber), the
Sharpshooter Marksmanship Qualification Badge with Pistol Bar (9 mm), and
the Parachutist Badge as authorized awards.

5.  A DD Form 215 (Correction to DD Form 214), dated 3 November 2005,
amended the applicant’s DD Form 214 to show the Good Conduct Medal, the
Kuwait Liberation Medal awarded by the Government of Kuwait, and the Kuwait
Liberation Medal awarded by the Kingdom of Saudi Arabia.  Therefore, this
portion of the applicant’s requests will not be discussed further in these
Proceedings.  A copy of the DD Form 215 will be provided to the applicant.

6.  There are no orders for the Joint Service Achievement Medal in the
applicant’s service personnel records.

7.  Army Regulation 600-8-22 (Military Awards) does not show the new
“Honorable Service Medal,” the “US Army Service Medal,” the “Kuwait
Liberation Medal (US),” or the “Combat Service Medal” as authorized awards.

8.  The Joint Service Achievement Medal was authorized by the Secretary of
Defense on 3 August 1983.  It is awarded to members of the Armed Forces of
the United States below the grade of O-6 who, after 3 August 1983,
distinguished themselves by meritorious achievement or service.

9.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.

10.  Table D-1 (Criteria for overseas tour lengths) of Army Regulation 614-
30 (Overseas Service) states, in pertinent part, that the standard overseas
tour for Germany based on Congressional guidance is 36 months for an
accompanied tour and 24 months for an unaccompanied tour.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Defense Service Medal for service within the American Theater
between 8 September 1939 and 7 December 1941 under orders to active duty
for a period of 12 months or longer.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Joint Service Achievement Medal in the
available records.  Therefore, there is insufficient evidence on which to
base award of this medal.

2.  Since the applicant did not complete a 24-month overseas tour in
Germany, there is insufficient evidence on which to base award of the
Overseas Service Ribbon.

3.  The applicant did not serve a period of qualifying service for award of
the American Defense Service Medal.

4.  The new “Honorable Service Medal,” the “US Army Service Medal,” the
“Kuwait Liberation Medal (US),” and the “Combat Service Medal” are not
military awards.  Therefore, there is no basis for granting the applicant’s
requests for these “medals.”

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 13 December 1991; therefore, the time for the
applicant to file a request for correction of any error expired on 12
December 1994.  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

PM_____  __RS____  __DH____  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.




                            ___Patrick McGann____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060006407                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061107                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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