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ARMY | BCMR | CY2005 | 20050001261C070206
Original file (20050001261C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         6 OCTOBER 2005
      DOCKET NUMBER:  AR20050001261


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. LaVerne Berry                 |     |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 award of the Armed Forces Expeditionary Medal
and the Southwest Asia Service Medal.

2.  The applicant states that he served aboard the USS George Washington in
the Persian Gulf during Operation Southern Watch.  Awards were authorized
after he was discharged.

3.  The applicant provides a copy of a message from a Rear Admiral to the
Central Command commending the applicant for his performance of duty, a
copy of temporary duty travel orders, and a copy of a Noncommissioned
Officer Evaluation Report (NCOER).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 July 1996.  The application submitted in this case is
dated         11 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 Army for four years on 15 January 1993,
trained as an imagery analyst, and in September 1993 was assigned to a
military intelligence battalion at MacDill Air Force Base in Florida.  In
October 1994 he was assigned to the United States Central Command
(USCENTCOM) at MacDill.

4.  Orders published on 15 March 1996 directed that the applicant proceed
on temporary duty for 60 days to Bahrain, USS George Washington.

5.  In an 8 May 1996 message to the USCENTCOM, the Commander of the George
Washington Battle Group, a Rear Admiral, commended the applicant for his
duty performance in support of Operations Southern Watch and Vigilant
Sentinel during March and April 1996.

6.  The applicant’s NCOER for the period August 1995 through May 1996 shows
that he served on board the USS George Washington while deployed to the
Persian Gulf.

7.  The applicant was released from active duty on 24 July 1996 in the
grade of sergeant with an honorable characterization of service.

8.  The Southwest Asia Service Medal is awarded to all members of the Armed
Forces serving in Southwest Asia and contiguous waters or airspace
thereover, on or after 2 August 1990 to 30 November 1995.

9.  The Armed Forces Expeditionary Medal is awarded to all members of the
Armed Forces participating in Operation Southern Watch from 1 December 1995
to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in Operation Southern Watch while deployed
to the Persian Gulf.  He is entitled to award of the Armed Forces
Expeditionary Medal.
2.  The applicant is not eligible for award of the Southwest Asia Service
Medal.  His request for this award is not granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CG ___  __RD ___  __LB ___  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 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 showing award of the
Armed Forces Expeditionary Medal.

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
award of the Southwest Asia Service Medal.




                            _____Curtis Greenway________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001261                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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