IN THE CASE OF:	  

		BOARD DATE:	       15 October 2008

		DOCKET NUMBER:  AR20080011261 


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 Campaign [sic] (Service) Medal. 

2.  The applicant states, in effect, that he served in the Gulf War in support of Operation Desert Storm.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 May 1991, in support of his 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 records show he enlisted in the Mississippi Army National Guard (MSARNG) on 4 May 1987.  He subsequently entered active duty for training (ADT) on 3 June 1988, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 72E (Combat Telecommunications Center Specialist).  He was released from ADT to the control of his ARNG unit on 16 September 1988.

3.  On 20 February 1991, the applicant was ordered to active duty in support of Operations Desert Shield/Storm; however, he remained at Fort Bragg, North Carolina, for the duration of his active duty.  He was honorably released from active duty to the control of his ARNG unit on 31 May 1991.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar      (M-16), the Parachutist Badge, and the Italian Parachutist Badge.  Item 13 does not show award of the Southwest Asia Service Medal.

5.  There is no indication in the applicant’s records that he served in Southwest Asia during the Gulf War.

6.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show he served in the Gulf War in support of Operations desert Shield or Storm.

7.  Item 27 (Remarks) of the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show any entries that show the applicant served in a Hostile Fire/Imminent Danger Pay (HFP/IDP) area.  Additionally, an electronic mail (email) from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, confirms that the applicant did not receive HFP/IDP during his call to active duty in 1991. 

8.  The applicant's name is not shown on the Gulf War Roster as a participant during Operations Desert Shield/Storm 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that The Southwest Asia Service Medal (SWASM) was established by Executive Order 12754, 12 March 1991, and 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 people participating in actual combat operations.

DISCUSSION AND CONCLUSIONS:

There is no evidence in the available records and the applicant did not provide any substantiating evidence that shows he served in a qualifying area or period for award of the Southwest Asia Service Medal.  Therefore, there is insufficient evidence to award the applicant 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.



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      _______ _   _______   ___
               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)                                         AR20080011261



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ABCMR Record of Proceedings (cont)                                         AR20080011261



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