IN THE CASE OF:	  

		BOARD DATE:	       23 October 2008

		DOCKET NUMBER:  AR20080010505 


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 award of the Southwest Asia Service Medal.

2.  The applicant states that she was deployed to Saudi Arabia in 1995 in support of Operation Desert Sentry II, and served a qualifying period for award of the Southwest Asia Service Medal.

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 February 1996.

	b.  Headquarters, U.S. Army Air Defense Center, Fort Bliss, Texas, Permanent Orders 243-3, dated 31 August 1995.

	c.  Headquarters, U.S. Army Central Command-Saudi Arabia, Orders 020-05, dated 20 January 1995.

	d.  DA Form 67-8 (Officer Evaluation Report) for the period 12 July 1995 to 12 November 1995.

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 records show she was appointed as a second lieutenant in the Air Defense Artillery Corps of the U.S. Army Reserve and executed an oath of office on 15 January 1995.  She was subsequently ordered to active duty for a period of 3 years on 20 February 1995, completed the Officer Basic (Patriot Track) Air Defense Artillery Course from 21 February 1995 to 11 July 1995, and was assigned to A Battery, 3rd Battalion, 43rd Artillery (Patriot), Fort Bliss.

3.  Headquarters, U.S. Army Air Defense Center, Fort Bliss, Permanent Orders 243-3, dated 31 August 1995, directed the assignment/temporary change of station of 3rd Battalion, 43rd Artillery, to Headquarters, U.S. Army Forces Command, Fort McPherson, Georgia, effective 1 September 1995, for the purpose of deployment to Saudi Arabia, and attachment to Headquarters, Central Command, Saudi Arabia upon arrival in theater.  The orders further stated that "Service members deploying to SWA as part of the Patriot rotation are in a temporary duty (TDY) status." 

4.  Headquarters, U.S. Army Central Command-Saudi Arabia, Orders 020-05, dated 20 January 1996 (erroneously shown as 1995), shows that the applicant was released from attachment to Headquarters, Army Central Command, Saudi Arabia, and further assigned to Headquarters and Headquarters Battery, 3rd Battalion, 43rd Air Defense Artillery, Fort Bliss, effective 3 November 1995.

5.  On 15 February 1996, the applicant was honorably released from active duty for hardship.  The DD Form 214 she was issued shows she completed 11 months and 26 days of creditable military service.  Item 12f (Foreign Service) of this form shows the entry "0000  00  00"; Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the Army Achievement Medal, National Defense Service Medal, and the Army Service Ribbon; and Item 18 (Remarks) does not show service in Saudi Arabia.



6.  The applicant received two OERs during her military service as follows:

	a.  Part Vc (Performance and Potential Evaluation) of her OER for the period 12 July 1995 to 12 November 1995 shows the entry "[Applicant] mastered the Southwest Asia Tactical Ballistic Missile certification in only 3 days during the battery's deployment to Saudi Arabia during Operation Desert Sentry III"; and

	b.  Part Vc of her OER for the period 13 November 1995 to 15 February 1996 shows the entry "[Applicant] has done an excellent job while assigned as the battalion Rear Detachment Assistant Adjutant."

7.  An email, dated 1 October 2008, from the Defense Finance and Accounting Service (DFAS) confirms that the applicant served in Saudi Arabia during the period October-November 1995.

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.  The Southwest Asia Service Medal (SWASM) is awarded to all 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.  Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  Members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria, and Jordan (including the airspace and territorial waters) between 17 January 1991 and 11 April 1991 will also be eligible for this award.  Members serving in these countries must have been under the command and control of U.S. Central Command or directly supporting military operations in the combat theater.  To be eligible, a service member must meet one or more of the following criteria:

	a.  Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations.

	b.  Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations.

	c.  Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above.

	d.  Be serving on temporary duty for 30 consecutive days or
60 nonconsecutive days.  These time limitations may be waived for Soldiers participating in actual combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that she was assigned to a unit that deployed to Saudi Arabia in a temporary duty status, effective 1 September 1995.  However, DFAS records show she served in Saudi Arabia in October 1995.  The exact date of her arrival in Saudi Arabia is unclear.  Furthermore, the applicant's records show she redeployed from Saudi Arabia on or about 3 November 1995.  

2.  In order to qualify for the Southwest Asia Service Medal, the applicant must have served 30 consecutive or 60 nonconsecutive days in Southwest Asia.  In the absence of the applicant's date of arrival in Southwest Asia, it is unclear if she met the criteria for this award.  Therefore, there is insufficient evidence to grant the applicant the requested relief 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)                                         AR20080010505



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ABCMR Record of Proceedings (cont)                                         AR20080010505



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