IN THE CASE OF:
BOARD DATE: 24 JUNE 2008
DOCKET NUMBER: AR20080001114
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his separation document (DD Form
214) be corrected to reflect the Army Achievement Medal and the Southwest Asia Service Medal.
2. The applicant states he was sent to Southwest Asia where he served with B Battery, 1st Battalion, 7th Air Defense Artillery, and was attached to the
5th Battalion, 7th Air Defense Artillery in Southwest Asia. He states that the award was never shown on his DD form 214.
3. The applicant provides a copy of his DD Form 214; Certificate of Award for the Army Achievement Medal, issued by Headquarters, 5th Battalion, 7th Air Defense Artillery Permanent Orders Number 122-137 dated 9 May 1995; and a Certificate of Award for the Southwest Asia Service Medal by the authority of Presidential Executive Order 12754 dated 12 March 1991.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military personnel record shows he enlisted in the Regular Army on 21 January 1994. He completed the necessary training and was awarded the military occupational specialty (MOS) 16T (Patriot Missile Crewmember).
3. He served continuously on active duty until he achieved the rank of specialist. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on 23 October 1996.
4. The Certificate of Award for the Army Achievement Medal, issued by Headquarters, 5th Battalion, 7th Air Defense Artillery Permanent Orders Number 122-137 dated 9 May 1995 shows the applicant was awarded the Army Achievement Medal for meritorious service while assigned to Bravo Battery,
1st Battalion, 7th Air Defense Artillery, Task Force Panther, 5th Battalion (Patriot), 7th Air Defense Artillery for the period 1 February 1995 to 17 June 1995, in support of Operation Desert Vigilance.
5. The Certificate of Award for the Southwest Asia Service Medal by the authority of Presidential Executive Order 12754 dated 12 March 1991 shows the applicant was awarded the Southwest Asia Service Medal with one bronze service star for participation in the Southwest Asia Cease Fire Campaign for the period of 1 February 1995 to 15 June 1995.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.
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 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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 be correct to reflect the Army Achievement Medal and the Southwest Asia Service Medal.
2. The evidence of record shows the applicant was awarded the Army Achievement Medal for meritorious service for the period of 1 February
1995 to 17 June 1995, in support of Operation Desert Vigilance. Therefore, he is entitled to correction of his records to show this award.
3. The evidence of record shows the applicant was awarded the Southwest Asia Service Medal with one bronze service star for participation in the Southwest Asia Cease Fire Campaign for the period of 1 February 1995 to 15 June 1995. Therefore, he is entitled to correction of his records to show the Southwest Asia Service Medal with one bronze service star.
BOARD VOTE:
__X_____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the Army Achievement Medal and the Southwest Asia Service Medal with one bronze service star, and correction of his separation document to reflect these changes.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080001114
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ABCMR Record of Proceedings (cont) AR20080001114
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