IN THE CASE OF:	  

		BOARD DATE:	        05 FEBRUARY 2009

		DOCKET NUMBER:  AR20080008894 


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 he be awarded the Southwest Asia Service Medal.   

2.  The applicant essentially states that his unit in Germany deployed during the Persian Gulf War. 

3.  The applicant provides no additional evidence in support of this application. 

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 applicant’s 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 applicant’s 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 complete military records are not available for review.  However, there are sufficient documents available to conduct a fair and impartial review of this case.
3.  The available military records show that the applicant enlisted in the Regular Army on 6 September 1989 for a period of 4 years.  He completed basic and advanced individual training and was awarded military occupational specialty 77F (Petroleum Supply Specialist).  He served a tour in Europe, and his DA Form 2A (Personnel Qualification Record – Part I), dated 26 February 1993, shows that his date of return from overseas was 24 May 1992.  His last duty assignment was at Fort Campbell, Kentucky, and he was honorably released from active duty on 5 September 1993 and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to him at the time of his release from active duty shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.  On 29 September 1997, he was discharged from the USAR; however, on 21 December 2000, he enlisted in the Pennsylvania Army National Guard and served in the National Guard until he was honorably discharged on 9 April 2004.

4.  The applicant's DD Form 214 does not show that he was awarded the Southwest Asia Service Medal.  The applicant did not provide any orders which show that he deployed to Southwest Asia, nor did he provide any leave and earnings statements showing that he received imminent danger pay for service in Southwest Asia.  Additionally, a search of the Operation Desert Shield/Desert Storm Data Base failed to show that the applicant deployed to Southwest Asia during the Persian Gulf War.

5.  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.  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 Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) Campaigns.

6.  The Defense Manpower Data Center compiled the Operation Desert Shield/ Desert Storm Data Base.  The primary Operation Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm.  For Reservists and Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.
7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Southwest Asia Service Medal.

2.  The applicant's contention that his unit in Germany deployed during the Persian Gulf War was noted.  However, even if his unit did in fact deploy to Southwest Asia during Operations Desert Shield/Desert Storm, there is no evidence in the available records and the applicant failed to provide any evidence which shows that he deployed to Southwest Asia during a qualifying period for award of the Southwest Asia Service Medal.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for awarding him the Southwest Asia Service Medal in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  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.



      _______XXX__________________
                 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)                                         AR20080008894



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ABCMR Record of Proceedings (cont)                                         AR20080008894



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