RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 JULY 2004
DOCKET NUMBER: AR2003099558
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. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Roger Able | |Chairperson |
| |Mr. James Anderholm | |Member |
| |Mr. Marla Troup | |Member |
The applicant and counsel if any, did not appear before the Board.
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, award of decorations associated with
service in Southwest Asia during the Persian Gulf War.
2. The applicant states that he served in the Gulf War but his separation
document does not reflect any of the associated awards or decorations. The
awards are required for membership in the VFW (Veterans of Foreign Wars).
3. The applicant provides a copy of his separation document.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 24 December 1991. The application submitted in this case
is dated 20 October 2003.
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. Records available to the Board indicate that the applicant entered
active duty on 27 October 1988. In February 1989 he was assigned to an
infantry unit in Germany.
4. According to his Leave and Earning Statements, his duty status changed
to “absent field” effective 1440 hours on 13 February 1991 and he began
drawing both danger pay and overseas pay as result of his deployment. On
12 June 1991 his duty status changed from absent field to absent leave and
both his danger pay and overseas pay stopped.
5. The applicant returned to the United States in June 1991 and was
assigned to Fort Stewart, Georgia.
6. On 24 December 1991 the applicant was released from active duty under
an Army early transition program. His separation document does not reflect
any of the awards and decorations associated with service in Southwest Asia
during the Persian Gulf War.
7. 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 (SWASM) 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), the Liberation and Defense of Kuwait (17 January to 11 April 1991),
and a Cease-fire Campaign period begun on 12 April 1991.
8. The Kuwait Liberation Medal (SA) awarded by the Kingdom of Saudi Arabia
was approved on 3 January 1992 and is awarded to those members who
participated in the Persian Gulf War from 17 January to 28 February 1991.
9. The Secretary of Defense accepted an offer by the Government of Kuwait
to award the Kuwait Liberation Medal (K) to members of the Armed Forces of
the United States who participated in operation Desert Shield and Operation
Desert Storm between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. Although there is no specific evidence confirming the applicant’s
deployment to Southwest Asia, the fact that his duty status was listed as
“absent field” and that he was receiving danger pay and overseas pay, is
consistent with service in that region during the Persian Gulf War.
2. As such, in the interest of justice and equity, that the applicant
should be awarded the Southwest Asia Service Medal with 3 bronze service
stars as well as the Kuwait Liberation Medals awarded by the Kingdom of
Saudi Arabia and the Government of Kuwait. The addition of these awards to
his separation document will serve as confirmation of his deployment to
Southwest Asia in support of the Gulf War.
BOARD VOTE:
___SC __ ___SK __ ___MM__ GRANT 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 awarding him the Southwest Asia
Service Medal with 3 bronze service stars as well as the Kuwait Liberation
Medals awarded by the Kingdom of Saudi Arabia and the Government of Kuwait.
___ Samuel Crumpler______
CHAIRPERSON
INDEX
|CASE ID |AR2003099558 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040713 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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