RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 August 2005
DOCKET NUMBER: AR20050000960
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. James E. Vick
Chairperson
Mr. Ronald J. Weaver
Member
Mr. Robert Rogers
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 correction of his records to show award of the Southwest Asia Service Medal.
2. The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect his award of the Southwest Asia Service Medal.
3. The applicant provides a DD Form 214 with the ending period 10 November 1994.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 10 November 1994. The application submitted in this case is dated 5 January 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 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 applicants failure to timely file.
3. The applicant enlisted in the Regular Army on 15 October 1991 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 16T (Patriot Missile Crewman).
4. The applicant arrived in Germany and was assigned to E Company, 1st Battalion, 7th Air Defense Artillery on or about 31 March 1992. He departed Germany on or about 21 March 1994. On 10 November 1994, he was honorably released from active duty after completing 3 years and 26 days of creditable active service.
5. The applicant's DD Form 214 for the period ending 10 November 1994 shows award of the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge (Grenade), and the Marksman Marksmanship Qualification Badge (M-16 Rifle).
6. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 29 March 1992 through 22 March 1994. Item 9 (Awards, Decorations and Campaigns) does not show award of the Southwest Asia Service Medal.
7. There are no orders in the applicants service personnel records that show he was deployed to the Persian Gulf. His name does not appear on the Persian Gulf War Roster.
8. Army Regulation 600-8-22 (Military Awards) 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 the Cease-Fire Campaign (12 April 1991 to 30 October 1995).
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant served his entire overseas service in Germany and also there is no record of his unit being deployed to the Persian Gulf. There is no evidence of record that shows that the applicant is eligible for award of the Southwest Asia Service Medal.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 November 1994. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 November 1997. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__ __ _ _ __ __ __ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEV___ __ RJW _ _ RR ___ 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.
___ Mr. James E. Vick __
CHAIRPERSON
INDEX
CASE ID
AR20050000960
SUFFIX
RECON
DATE BOARDED
18 August 2005
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENIAL
REVIEW AUTHORITY
Mr. Chun
ISSUES 1.
2.
3.
4.
5.
6.
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