Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050000960C070206
Original file (20050000960C070206.TXT) Auto-classification: Denied


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 applicant’s 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 applicant’s 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.


Similar Decisions

  • ARMY | BCMR | CY2005 | 20050000960C070206

    Original file (20050000960C070206.doc) Auto-classification: Denied

    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. The applicant requests correction of his records to show award of the Southwest Asia Service Medal. Evidence of record shows that the applicant served his entire overseas service in Germany and also there is no record...

  • ARMY | BCMR | CY2006 | 20060014684C071108

    Original file (20060014684C071108.doc) Auto-classification: Denied

    The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show that he served during Operation Desert Storm/Desert Shield. Evidence shows that while the applicant was on active duty during the period 2 August 1990 through 15 October 1995, he was not assigned to duty in a designated area in Southwest Asia (SWA). The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.

  • ARMY | BCMR | CY2003 | 03099558C070212

    Original file (03099558C070212.doc) Auto-classification: Approved

    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. The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, award of decorations associated with service in Southwest Asia during the...

  • ARMY | BCMR | CY2014 | 20140010703

    Original file (20140010703.txt) Auto-classification: Approved

    The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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. c. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. The evidence of record...

  • ARMY | BCMR | CY2008 | 20080008894

    Original file (20080008894.txt) Auto-classification: Denied

    The applicant's complete military records are not available for review. 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 to Army members who participated in Operation Desert Shield/Desert Storm in the designated area on or after 2 August 1990. However, even if his unit did in fact deploy to Southwest Asia during Operations Desert Shield/Desert Storm, there is no evidence in the...

  • ARMY | BCMR | CY2003 | 2003091365C070212

    Original file (2003091365C070212.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, a DD Form 215 should be prepared, correcting Item 13 of the applicant’s last DD Form 214, dated 16 June 1994, showing that the applicant is entitled to the following awards and decorations: the Army Commendation Medal; the Southwest Asia Service Medal with two bronze service stars; the National Defense Service Medal; the Army Service Ribbon; the Overseas Service Ribbon; the...

  • ARMY | BCMR | CY2004 | 040003743C070208

    Original file (040003743C070208.doc) Auto-classification: Denied

    The applicant requests that her separation document be corrected to show that she served in the “Gulf War.” 2. Had the applicant actually deployed to the Persian Gulf region between the date of her entry on active duty in November 1991 and October 1995 when the final campaign of the Gulf War ended, her records would have reflected entitlement to the Southwest Asia Service Medal. While the applicant may not have deployed to the Persian Gulf region, her period of military service was during...

  • ARMY | BCMR | CY2014 | 20140011906

    Original file (20140011906.txt) Auto-classification: Approved

    A review of her military personnel records failed to reveal evidence that she was awarded the Southwest Asia Service Medal or Kuwait Liberation Medals. The evidence of record is inconsistent with respect to the applicant's period of overseas service in Southwest Asia in that: * she claims service in December 1990 and January 1991 * the unit's history shows it deployed to Southwest Asia in the beginning of December 1990 * a medical record shows she was seen by a doctor in Germany on 24...

  • ARMY | BCMR | CY2014 | 20140008240

    Original file (20140008240.txt) Auto-classification: Approved

    The applicant requests reconsideration of his previous request for correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. The applicant's request to show all of his foreign service in Germany and the Persian Gulf has been carefully considered. Unfortunately, his records do not contain any evidence of his assignment to Germany.

  • ARMY | BCMR | CY2013 | 20130018304

    Original file (20130018304.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Southwest Asia Service Medal or the Kuwait Liberation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "0000 00 00" from item 12f of his DD Form 214 and adding the entry "0000 10 26"; b. deleting...