IN THE CASE OF:	

		BOARD DATE:	  30 OCTOBER 2008

		DOCKET NUMBER:  AR20080012092 


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 he was assigned to Izmir, Turkey, during the appropriate dates.  He also states that this would complete his military record for awards and decorations and would be in the best interest of an honorably retired Soldier.

3.  In support of his application, the applicant provides copies of his Personnel Qualification Record – Part II, Section VII – Current and Previous Assignments; Turkish translation of the his Ohio Driver's License; and his permanent change of station (PCS) orders.

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 military records show that he enlisted in the Regular Army, in pay grade E-1, on 22 December 1972.  He completed basic combat and advanced individual training and was assigned military occupational specialty, 31P (Teletypewriter Repairman).  He was released from active duty on
3 December 1976 in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve (USAR) to complete his remaining military service obligation.

3.  He again enlisted in the Regular Army on 25 October 1978.  He was subsequently promoted to sergeant first class (SFC), pay grade E-7, on 1 October 1989.

4.  The applicant served in Turkey from 30 October 1991 to 13 November 1992.  

5.  The applicant submitted a copy of his PCS orders, dated 23 July 1992, reassigning him from Izmir, Turkey, to Fort Hood, Texas, with a reporting date of 1 February 1993.  He also submitted a copy of the Turkish translation of his Ohio Driver's License, which was notarized in Izmir, Turkey on 27 November 1991.

6.  The applicant was released from active duty on 30 September 1995, in pay grade E-7, by reason of sufficient service for retirement, and transferred to the USAR Control Group (Retired).

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the Defense Meritorious Service Medal; the Army Commendation Medal (3rd Award); the Joint Service Achievement Medal; the Army Good Conduct Medal (6th Award); the National Defense Service Medal (2nd Award); the Noncommissioned Officer Professional Development Ribbon, with Numeral 3; the Army Service Ribbon; the Overseas Service Ribbon (3rd Award); the Expert Marksmanship Qualification Badge with Rifle Bar; and the Driver and Mechanic Badge, with Driver-W ar.  The Southwest Asia Service Medal is not listed.

8.  On 24 August 2007, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) adding award of the Army Achievement Medal.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Turkey from 30 October 1991 to 13 November 1992.  To be eligible for award of the Southwest Asia Service Medal, Soldiers must have served in Turkey between 17 January 1991 and 11 April 1991.  Therefore, as the applicant did not serve in Turkey during the specified dates, he is not entitled to correction to his records to show this award.

2.  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.  

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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.



      ___________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)                                         AR20080012092



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ABCMR Record of Proceedings (cont)                                         AR20080012092


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