RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      11 April 2006
      DOCKET NUMBER:  AR20050006691


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. Rodney Barber                 |     |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 he be provided orders showing
he went to the Gulf War in 1991, orders showing his unit received the
Presidential Unit Citation and that he be advised how many campaign stars
he is entitled to for his service in Southwest Asia.  The applicant also
requests he be advised of the unit awards given to units he served with in
all his three deployments.

2.  The applicant states, in effect, that he has no records showing he went
to the
Gulf War in 1991 and he also does not have any information on what awards
or decorations the unit received during the war.  The unit was deactivated
before he could gather the information.

3.  The applicant provided a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty, plus thirty-six pages of documents
copied from his personal files (which include orders; award certificates;
certificate of achievement, training, and service; noncommissioned officer
evaluation reports; and memorandums) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of errors, which occurred on
23 February 2000, the date of his discharge.  The application submitted
in this case is dated 24 April 2005, but was received for processing on 4
May 2005.

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 limitation 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 records show he enlisted in the Regular Army on 18
January 1990.  He served honorably and, on 23 August 1995, he was
discharged for the purpose of immediate reenlistment.  The applicant
reenlisted on 24 August 1995.  He was honorably discharged from this
reenlistment on 23 August 1999 and on 24 August 1999 he again reenlisted.
He remained in the Regular Army until 23 February 2000 when he was
honorably discharged at the completion of his required active service in
the rank and pay grade, Sergeant, E-5.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), shows he was awarded:  the Army Lapel Button; the
Army Commendation Medal (3rd Award); the Army Achievement Medal (4th
Award), the Army Superior Unit Award; the Army Good Conduct Medal (3rd
Award); the National Defense Service Medal; the Armed Forces Service Medal;
the Noncommissioned Officer's Professional Development Ribbon; the Army
Service Ribbon; the North Atlantic Treaty Organization (NATO) Medal; the
Driver and Mechanic Badge, with Driver-W Bar (for wheeled vehicles).  No
other awards are shown in this item.

5.  The applicant's name appears on the Gulf War Participant's List and
shows he was deployed to Southwest Asia in support of Operation Desert
Shield/Desert Storm from 19 January 1991 through 29 April 1991.

6.  The applicant's military personnel records jacket (MPRJ) was not
available to the Board to determine if orders for his deployment and
redeployment to the Persian Gulf were available.  A review of the
applicant's official military personnel file (OMPF), which was provided in
microfiche form, was conducted for any orders deploying the applicant to
and redeploying him from the Persian Gulf in support of Operation Desert
Shield/Desert Storm.  Orders for these purposes were not found.

7.  The evidence shows the applicant was awarded an Army Commendation
Medal, for meritorious Achievement in combat operations, on 2 April
1991.  The text of the awards citation shows the applicant was assigned
to Battery B, 25th Field Artillery, 1st Armored Division, while he was
deployed to Southwest Asia during Operation Desert Shield/Desert Storm.

8.  The applicant was provided a Memorandum, Subject:  Award of the
National Defense Service Medal and Southwest Asia Service Medal, dated 10
April 1991.  In this memorandum, the applicant was notified that Soldiers
who served in Southwest Asia, in support of Operation Desert Shied/Desert
Storm, were authorized to wear the Southwest Asia Service Medal.  The
Southwest Asia Service Medal was not included on his DD Form 214.

9.  The applicant's unit, Battery B, 25th Field Artillery Battalion, was
awarded the Meritorious Unit Commendation, for the period 18 December
1990 through 1 May 1991, by Department of the Army General Orders (DAGO)
Number 1, dated 31 March 1996.  This award is not shown on the
applicant's DD Form 214.  There is no evidence the applicant's unit was
awarded the Presidential Unit Citation for its service in support of
Operation Desert Shield/Desert Storm.

10.  The applicant was deployed to Bosnia with Battery A (Target
Acquisition Battery), 25th Field Artillery Battalion, 41st Field
Artillery Brigade, for the period 1 April 1996 through 15 November 1996,
in support of Operation Joint Endeavor.

11.  During this deployment, the applicant was awarded an Army Commendation
Medal, for exceptionally meritorious service; a 41st Field Artillery
Brigade Certificate of Achievement; the NATO Medal, the Armed Forces
Service Medal; and, his unit was awarded the Army Superior Unit Award.
These awards are already shown on the applicant's DD Form 214.

12.  The applicant was deployed to Bosnia with Battery C (Target
Acquisition Battery), 25th Field Artillery Battalion, 1st Armored
Division Artillery, for the period 19 June 1998 through 7 October 1998,
in support of Operations Joint Guard and Joint Forge.

13.  During this deployment, the applicant was awarded an Army Achievement
Medal, for exceptionally meritorious achievement, and the NATO Medal.
These awards are shown on the applicant's DD Form 214; but, the NATO Medal
is shown without a bronze service star to signify his receipt of a second
award of this medal.

14.  The applicant's DD Form 214, in Item 14 (Military Education), shows
he completed a 4-week Primary Leadership Development Course in 1992.  He
was awarded the Noncommissioned Officer Professional Development Ribbon.
This award is shown on the applicant's DD Form 214 but without the numeral
device to indicate the level of professional development he achieved.

15.  The Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia,
was approved on 3 January 1992 and is awarded to members of the Armed
Forces of the United States who participated in the Persian Gulf War
between 17 January 1991 and 28 February 1991.

16.  The Kuwait Liberation Medal, awarded by the Government of Kuwait, was
approved on 9 November 1995 and is awarded to members of the Armed Forces
of the United States who participated in the Persian Gulf War between
2 August 1990 and 31 August 1993.

17.  AR 600-8-22 provides, in pertinent part, 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).

18.  Headquarter, Human Resources Command, MILPER [Military Personnel]
Message Number 96-068, provides in pertinent part, that subsequent awards
for service in different NATO Operations by service members will be
recognized through award and affixing of a bronze service star on the NATO
Medal suspension ribbon and/or the service ribbon.

19.  AR 600-8-104 prescribes the policies and mandated operating tasks for
the Military Personnel (MILPER) Information Management/Records Program of
the Military Personnel System.  Only those documents, listed in this
regulation will accompany or be filed in the OMPF and MPRJ.  Table 2-1 in
this regulation specifies those documents that are to be filed and retained
in the OMPF.  Deployment and redeployment orders are not found among those
documents that are to be retained and filed in the OMPF

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Southwest Asia in support of
Operation Desert Shield/Desert Storm for the period 19 January 1991 through
29 April 1991.

2.  The applicant served in Southwest Asia during the qualifying period for
award of the Kuwait Liberation Medal awarded by the Government of Kuwait,
and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia.
These awards do not appear on the applicant's DD Form 214.  He is entitled
to these awards and to have them added to his DD Form 214.

3.  The applicant served in Southwest Asia in support of Operation Desert
Shield/Desert Storm.  The applicant is therefore entitled to award of the
Southwest Asia Service Medal.  The applicant is also entitled to award of
two bronze service stars, to denote his participation in two campaigns of
the Persian Gulf War – the Liberation and Defense of Kuwait and the Cease-
Fire Campaign – and to have these awards added to his DD Form 214.
4.  The applicant's unit, Battery B, 25th Field Artillery Battalion, was
awarded the Meritorious Unit Commendation, for its participation in the
Persian Gulf War, at the time the applicant was a member of the unit.  This
unit award is not shown on the applicant's DD Form 214.  The applicant is
therefore entitled to this unit award and to have it shown on his DD Form
214.

5.  There is no evidence the applicant's unit was awarded the Presidential
Unit Citation for its service in support of Operation Desert Shield/Desert
Storm.  The applicant is therefore not eligible for award of the
Presidential Unit Citation and to have this unit award added to his DD Form
214.

6.  The applicant was deployed to Bosnia with his unit in support of
Operation Joint Endeavor.  He was awarded the NATO Medal and other awards.
 The applicant was again deployed to Bosnia with his unit in support of
Operations Joint Guard and Joint Forge.  He was awarded a second NATO
Medal.  The NATO Medal is shown on the applicant's DD Form 214; however,
it is shown with a bronze service star that signifies a second or
subsequent award of the NATO Medal.  The applicant is entitled to a
correction of his DD Form 214 to show the NATO Medal, with bronze service
star.

7.  The applicant's DD Form 214 shows he completed the 4-week Primary
Leadership Development Course.  He was awarded the Noncommissioned Officer
Professional Development Ribbon and it is shown on his DD Form 214.  This
award is shown without the numeral device to indicate the level of
professional development he received.

8.  Since orders deploying the applicant to and from the Persian Gulf in
support of Operation Desert Shield/Desert Storm were not retained in his
OMPF, the applicant can not be provided copies of these orders as he has
requested.  Therefore, this portion of his application is denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CAK__  __WDP__  __RB ___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a.  deleting the North Atlantic Treaty Organization Medal and the
Noncommissioned Officer Professional Development Ribbon

      b.  awarding the applicant the Southwest Asia Service Medal, with
two bronze service stars; the Kuwait Liberation Medal awarded by the
Government of Kuwait; the Kuwait Liberation Medal awarded by the Kingdom
of Saudi Arabia; the North Atlantic Treaty Organization Medal, with one
bronze service star; the Noncommissioned Officer Professional Development
Ribbon, with numeral 1; and the Meritorious Unit Commendation and adding
these awards to his DD Form 214;

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:

      a.  awarding the applicant the Presidential Unit Citation and adding
this award to his DD Form 214; and


      b.  providing the applicant with copies of orders deploying him to and
redeploying him from the Persian Gulf in support of Operation Desert
Shield/Desert Storm.




                                  ______William D. Powers____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050006691                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060411                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   77                 |107.0031                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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