RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2007
      DOCKET NUMBER:  AR20060017711


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 the Army Achievement Medal
(AAM) he was awarded be added to the list of awards contained in Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) of his 10 December 1993 separation document (DD Form 214).

2.  The applicant states, in effect, he was awarded the AAM in 1992, and he
would like it added to his DD Form 214.

3.  The applicant provides an AAM Certificate in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 10 December 1993, the date of his separation.  The
application submitted in this case is dated 13 December 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 after completing 16 months of service
in the Army National Guard, he enlisted in the Regular Army and entered
active duty on 27 November 1990.  He served in military occupational
specialty (MOS) 12B (Combat Engineer), and the highest grade he held while
serving on active duty was private first class (PFC).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
served in Southwest Asia (SWA) from 22 December 1990 through 12 May 1991.
Item 35 (Record of Assignments) shows that during his tour in SWA, he
served with Company A, 9th Engineer Battalion.  It also shows that he was
assigned to the 226th Supply and Support Company in Germany, from December
1990 to December 1991.

5.  On 10 December 1993, the applicant was separated under the provisions
of chapter 14, Army Regulation 635-200, by reason of civil conviction, and
received a general, under honorable conditions discharge.  The DD Form 214
he was issued at the time shows he completed a total of 2 years, 11 months,
and
16 days of creditable active military service.  Item 13 shows he earned the
following awards:  Southwest Asia Service Medal with 3 bronze service
stars; Army Service Ribbon; Kuwait Liberation Medal; National Defense
Service Medal; Overseas Service Ribbon; Expert Marksmanship Qualification
Badge with Hand Grenade Bar; and Marksman Marksmanship Badge with Rifle
Bar.

6.  The applicant provides an AAM Certificate, dated 4 November 1991, which
shows he was awarded the AAM for his meritorious service with the 226th
Supply and Support Company from December 1990 to December 1991.  The
certificate also shows this award was announced in Orders Number 6-53-91.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards
policy.  Paragraph 9-14 contains guidance on award of the Kuwait Liberation
Medal-Saudi Arabia.  It states, in pertinent part, that it is awarded by
the Government of Saudi Arabia for service in SWA in support of Operation
Desert Storm between 17 January 1991 and 28 February 1991.

8.  Paragraph 9-15 of the awards regulation contains guidance on award of
the Kuwait Liberation Medal-Kuwait.  It states, in pertinent part, that it
is awarded by the Government of Kuwait for service in SWA in support of
Operations Desert Shield and Desert Storm between 2 August 1990 and 31
August 1993.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains item-by-item preparation instructions for the DD
Form 214.  The instructions for Item 13 state to list all awards and
decorations for all periods of service in the priority sequence specified
in the awards regulation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AAM should be added to the list of
awards contained in Item 13 of his DD Form 214 was carefully considered and
found to have merit.  The AAM Certificate provided by the applicant
confirms he was awarded the AAM for meritorious service in the 226th Supply
and Support Company in Germany during the period December 1990 to December
1991, and that this award was announced in official orders.  Thus, it would
be appropriate to add it to his record and separation document at this
time.
2.  The evidence of record also confirms the applicant is entitled to both
the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-
Kuwait based on his service in SWA between 22 December 1990 and 12 May
1991.  Therefore, it would also be appropriate to add these awards to his
record and separation document at this time.

BOARD VOTE:

__MKP__  __RDG__  __RCH__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 he earned the Army Achievement
Medal and is entitled to the Kuwait Liberation Medal-Saudi Arabia and
Kuwait Liberation Medal-Kuwait; and by providing him a correction to his
separation document that includes these changes.




                            _____Margaret K. Patterson___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017711                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/14                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1993/12/10                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Civil Conviction                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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