IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080009718
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 correction of his records to show award of the Southwest Asia Service Medal. In addition, he further requests that his records be corrected to show he successfully completed the Assault Climbers Course.
2. The applicant states that he served in Egypt from November 1990 through March 1991 and all members of his unit received the Southwest Asia Service Medal.
3. The applicant provides a Headquarters, 2nd Battalion, 14th Infantry, 10th Mountain Division (Light) Certificate of Achievement, dated 6 March 1991, and a U.S. Army Northern Warfare Training Center training certificate for the period
6 July 1989 through 28 July 1989.
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 enlisted in the Regular Army on 11 October 1988 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Infantryman).
3. The applicant provided a certificate of training that shows he successfully completed the Assault Climbers Course during the period 6 July 1989 through
28 July 1989 at Fort Greely, Alaska.
4. The applicant provided a certificate of achievement from Headquarters, 2nd Battalion, 14th Infantry, 10th Mountain Division (Light), dated 6 March 1991, for his meritorious service while serving as a member of Task Force 2-14 Infantry during the Multinational Force and Observers rotation number 19 in Sinai, Egypt, from November 1990 through March 1991.
5. On 10 October 1991, the applicant was honorably released from active duty after completing 3 years of creditable active service.
6. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 10 October 1991 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Expert Infantryman Badge, the Expert Marksmanship Qualification Badge (Rifle), the Expert Marksmanship Qualification Badge (Hand Grenade), and the Multinational Force and Observations Medal.
7. 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 Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The regulation also provides that members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S.
Central Command or directly supporting military operations in the combat theater.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for item 14 (Military Education), list in-service training course; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a certificate of achievement that shows he was deployed to Sinai, Egypt with the 2nd Battalion, 14th Infantry, 10th Mountain Division (Light) during the Multinational Force and Observers rotation from November 1990 through March 1991. However, there is no evidence in the applicant's military records and he has not provided evidence that his unit participated in Operations Desert Shield/Desert Storm, or that his unit fell under the command of U.S. Central Command or directly supported military operations in the combat theater. Therefore, there is insufficient evidence to show he met the criteria in this case for award of the Southwest Asia Service Medal.
2. The applicant's Assault Climbers Course was a training course for combat skills, making it ineligible for entry on his DD Form 214.
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) AR20080009718
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ABCMR Record of Proceedings (cont) AR20080009718
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