RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060006864


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland Venable                |     |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 rank be corrected on
Permanent Orders 133-22, which awarded him the Army Achievement Medal
(AAM).

2.  The applicant states, in effect, that Permanent Orders 133-22 is
incorrect and does not show his proper rank, of private first class (PFC/E-
3), at the time of receipt of his award of the AAM.  He also served with a
mobilized reserve unit in the Persian Gulf War and that any medal given to
this unit was not received.  He also stated that he is not sure if he
qualifies for award of the Armed Forces Reserve Medal (AFRM) with "M"
Device for his mobilization.  He was assigned to the 24th Infantry Division
and is not sure what unit awards were authorized for that unit.

3.  The applicant provides a copy of his DD Forms 214 (Certificate of
Release or Discharge from Active Duty), a copy of his award certificate for
the AAM, Permanent Orders 133-22, and a copy of his Certificate of
Promotion, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1992, the date of his release from active
duty.  The application submitted in this case is dated 8 May 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 he enlisted in the Regular Army on 14
August 1990.  The applicant successfully completed basic combat training
and advanced individual training at Fort Leonard Wood, Missouri.  On
completion of his OSUT (one station unit training), he was awarded the
military occupational specialty (MOS), 13B, Combat Engineer.



4.  The applicant was advanced to pay grade E-3 effective 1 June 1991.

5.  The applicant provides a copy of an award certificate from Bravo
Company, 39th Engineer Battalion (Combat) which shows Permanent Orders 133-
22, dated 10 July 1992, awarded him the Army Achievement Medal for
meritorious service as a combat engineer from 22 April 1988 through 1
August 1992.

6.  The applicant provides a copy of a certificate of promotion which shows
that he was promoted to SPC/E-4 effective 12 October 1992.

7.  The applicant was honorably released from active duty on 4 December
1992, in the pay grade of E-4.  He was transferred to the U.S. Army Reserve
(USAR) Control Group (Reinforcement).

8.  Item 8a (Last Duty Assignment and Major Command), of his DD Form 214,
shows the entry "Co C 39TH ENGR BN (Company C, 39th Engineer Battalion).

9.  The DD Form 214, in Item 13 (Decorations, Medal, Badges, Citations and
Campaign Ribbons Awarded or Authorized), shows that throughout his career,
the applicant has received the following:  the Army Service Ribbon, the
Army Lapel Button, the National Defense Service Medal, the Expert
Marksmanship Qualification badge with Hand Grenade Bar, the Marksman
Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle), the Southwest
Asia Service Medal, with two bronze service stars; and the Kuwait
Liberation Medal [awarded by the Kingdom of Saudi Arabia].  The AFRM with
"M" Device is not shown.

10.  The applicant was later awarded the Kuwait Liberation Medal
(Government of Kuwait) on 6 August 2001, after his release from active
duty.

11.  Item 18 (Remarks), of his DD Form 214, show that he served in
Southwest Asia form 1 February 1991 to 22 April 1991.  At the time of his
service in Southwest Asia, he was a Regular Army Soldier.

12.  Item 35 (Record of Assignments), of his DA Form 2-1 (Personnel
Qualification Record – Part II), shows that he was assigned to Company B
and C, of the 39th Engineer Battalion, Fort Devens, Massachusetts.

13.  There is no indication in the applicant's service personnel records to
show that he was assigned to any other unit than his parent unit, the 39th
Engineer Battalion, while deployed to Southwest Asia.


14.  Army Regulation 600-8-22 (Military Awards), as amended by Military
Personnel Message Number 96-196, provides for award of the Armed Forces
Reserve Medal (AFRM).  It is awarded for honorable and satisfactory service
as a member of one or more of the Reserve Components of the Armed Forces of
the United States for a period of 10 years.  The conditions for award of
the AFRM require that a minimum of 50 retirement points be earned for each
of the 10 qualifying years and that the qualifying service be completed
within 12 consecutive years.  Service in a regular component of the Armed
Forces, tenure in elected state office, tenure as a member of a legislative
body of the United States or a state, and service as a judge of a court of
record of the United States, a state or territory or District of Columbia
is excluded from credit toward this award but does not constitute a break
in service.

15.  The "M" Device will be worn on the AFRM to denote service by Reserve
Component personnel who volunteered or were called to active duty during a
mobilization or a contingency designated by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the AAM by
Permanent Orders 133-22, in the rank of specialist, prior to his release
from active duty and now requests that this award be added to his DD Form
214.

2.  The rank that was entered on Permanent Orders 133-22 for award of the
AAM was not the correct rank.  He is entitled to correction of his rank to
show private first class instead of specialist on Permanent Orders 133-22.

3.  The applicant alleges that he served with a mobilized reserve unit
during the Persian Gulf War and that any medals given to this unit were not
received.  The evidence clearly shows that he was assigned and served with
Company B and C, 39th Engineer Battalion.  He also alleges that he was
assigned to the 24th Infantry Division and was not sure what unit awards
were authorized for that unit. The applicant has provided no evidence, and
there is no evidence, to show that he was deployed with any other unit than
his parent unit.

4.  The applicant alleges that he was not sure if he qualified for award of
the Armed Forces Reserve Medal with "M" Device for his mobilization.
However, he failed to meet the criteria for award of the AFRM with "M"
Device.  Since he was a Regular Army Soldier at the time of his deployment
and service in Southwest Asia.  Therefore, he is not entitled to have this
award added to his DD Form 214.


5.  The applicant was awarded the Kuwait Liberation Medal which was awarded
by the Kingdom of Saudi Arabia, although it was not specifically identified
as such.  He was later awarded the Kuwait Liberation Medal awarded by the
Government of Kuwait.  He is entitled to have both Kuwait Liberation Medals
shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____J___  ___WDP_  __RSV__  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:

      a.  deleting the Kuwait Liberation Medal from the applicant’s DD Form
214;

      b.  adding the Army Achievement Medal to item 13, of his DD Form 214;
and


      c.  adding the already-awarded Kuwait Liberation Medal awarded by the
Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the
Government of Kuwait to the applicant’s DD Form 214; and


      d.  preparing and distributing an appropriate document to correct the
applicant's rank on Permanent Orders 133-22.






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
award of the Armed Forces Reserve Medal with "M" Device.




                            _____John T. Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006864                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19921204                                |
|DISCHARGE AUTHORITY     |AR 635-200, chap 4                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/GRANT PLUS)                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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