RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 April 2007
      DOCKET NUMBER:  AR20060014684


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 records reflect that he
served during Operation Desert Storm/Desert Shield and that he is entitled
to a campaign badge for these operations.

2.  The applicant states, in effect, that his DD Form 214 (Certificate of
Release or Discharge From Active Duty) be corrected to show that he served
during Operation Desert Storm/Desert Shield.  He further states, in effect,
that he should have a campaign badge to show the wartime period.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 October 1994.  The application in this case was received on
6 October 2006.

2.  On 28 August 1985, the applicant enlisted in the Regular Army.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 11B (Infantryman).  The
highest rank he attained while serving on active duty was Specialist (E-4).


3.  On 19 December 2003, the applicant was honorably discharged after
completing a total of 9 years, 1 month, and 18 days of active military
service.  The DD Form 214 he was issued shows that he earned the following
awards during his active duty tenure:  the National Defense Service Medal,
the Army Commendation Medal, the Army Achievement Medal (4th award), the
Good Conduct Medal (3rd award), the Noncommissioned Officer Professional
Development Ribbon, the Overseas Service Ribbon (2nd award), the Army
Service Ribbon, and the Expert Infantryman Badge.

4.  Item 35 (Record of Assignments) of the applicant’s DA Form 2-1
(Personnel Qualification Record) shows that the applicant served two
overseas tours.  From 20 December 1985 to 17 January 1988, he was assigned
to the 1st Battalion, 48th Infantry Regiment, Germany and from 29 January
1990 to 13 January 1991 the applicant was assigned to the Republic of
Korea.

5.  Item 35 of the applicant’s DA Form 2-1 does not show that the applicant
was assigned to Southwest Asia during Operations Desert Storm/Desert
Shield.


6.  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 (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).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to have his DD Form 214 corrected
to show that he served on active duty during Operation Desert
Storm/Operation Desert Shield and that he receive a campaign badge to show
the wartime period. The applicant’s contention was carefully considered and
found to be without merit.

2.  Evidence shows that while the applicant was on active duty during the
period 2 August 1990 through 15 October 1995, he was not assigned to duty
in a designated area in Southwest Asia (SWA).  Therefore, he is not
entitled have his records corrected to show that he served in or entitled
to any in awards as a result of duty in SWA.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 October 1994.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
14 October 1997.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
requests these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEV__  ___PHM_  ___GJP _  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.




                                  ______James E. Vick______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/24                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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