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ARMY | BCMR | CY2003 | 2003090778C070212
Original file (2003090778C070212.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 December 2003
         DOCKET NUMBER: AR2003090778

         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Ms. Shirley L. Powell Member
Mr. John N. Slone 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 that his report of separation (DD Form 214) be corrected to add the Southwest Asia Service Medal (SWASM).

2. The applicant states that he served in Southwest Asia and his records do not document his entitlement to the SWASM.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted on 22 June 1998 for a period of 4 years and 17 weeks, airborne training, training as an infantryman, station/command enlistment option and enrollment in the Army College Fund. He completed his training and was transferred to Fort Bragg, North Carolina, in November 1998.

2. The available records show that nonjudicial punishment was imposed against the applicant for drug use. While all of the punishments imposed are not indicated in the available records, the records indicate that after serving 2 days of extra duty, he went absent without leave (AWOL) on 1 August 1999. He was dropped from the rolls as a deserter on 15 September 1999 and remained absent until he was apprehended by civil authorities on 2 May 2002. He was returned to military control and charges were preferred against him on 7 May 2002.

3. After consulting with counsel, the applicant submitted a request for discharge for the good of the service, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. In his request he indicated that he was making the request of his own free will, without coercion from anyone and that he was aware of the implications attached to his request. He also admitted that he was guilty of the charges against him or of lesser included offenses which authorized the imposition of a bad conduct or dishonorable discharge. He acknowledged that he understood that he could receive a discharge under other than honorable conditions and that he might be deprived of all benefits as a result of such a discharge.

4. The appropriate authority (a major general) approved his request and directed that he be discharged under other than honorable conditions.

5. Accordingly, he was discharged under other than honorable conditions on 3  June 2002, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. He had served 1 year and 26 days of total active service and had 1002 days of lost time due to AWOL. His DD Form 214 issued at the time of his discharge indicates that he was awarded the National Defense Service Medal, the Army Service Ribbon, the Expert Marksman Qualification Badge and the Parachutist Badge.

6. A review of the applicant's records fails to show that he served anywhere other than Fort Bragg or that he is entitled to additional awards.

7. Army Regulation 600-8-22 serves as the authority for military awards. It provides, in pertinent part, that the SWASM is awarded to any member of the Armed Forces for service in prescribed geographical parts of the Middle East during Operations Desert Shield and Desert Storm during the period of 2 August 1990 through 30 November 1995.

DISCUSSION AND CONCLUSIONS :

1. The evidence of record does not support the applicant's contention that he is entitled to the award of the SWASM. The ending date for eligibility for the SWASM was 30 November 1995 and the applicant did not enlist until 1998.

2. Accordingly, even if he served in Southwest Asia, he would not be entitled to that award.

3. The applicant's record is absent of any information showing he served anywhere other than Fort Bragg and therefore, absent evidence to the contrary, it must be presumed that he is not entitled to any additional awards.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

_ SAC ___ __ JS _ __ SLP _____ DENY APPLICATION












BOARD DETERMINATION/RECOMMENDATION:

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.





                  Samuel A. Crumpler
                  CHAIRPERSON






INDEX

CASE ID AR2003090778
SUFFIX
RECON
DATE BOARDED 2003/12/16
TYPE OF DISCHARGE UTOCH
DATE OF DISCHARGE 2002/06/03
DISCHARGE AUTHORITY AR635-200
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1.107.0074 120/SWASM
2.
3.
4.
5.
6.


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