IN THE CASE OF:	   

		BOARD DATE:	        20 November 2008

		DOCKET NUMBER:  AR20080013901 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in Southwest Asia and Guantanamo Bay, Cuba.  He also requests any awards and decorations to which he may be entitled for this service.  

2.  The applicant states that his DD Form 214 does not show any campaigns that he participated in.  He contends that he did a six-month tour in Saudi Arabia and a six-month tour in Guantanamo Bay, Cuba.  He also states that he was in basic training at the end of Operation Desert Storm and that when he went to Saudi Arabia the campaign was called Desert Eagle.    

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 14 January 1992, served as a fire support specialist, and was released from active duty on 5 May 1995. 

3.  Item 12f (Foreign Service) on the applicant’s DD Form 214 shows the entry, “0000 00 00.”  Item 18 (Remarks) on his DD Form 214 does not show any deployments.

4.  Item 5 (Oversea Service) on the applicant’s DA Form 2-1 (Personnel Qualification Record) is blank.  

5.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/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 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.

6.  The Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 June 1994 to 31 October 1994 
(5 months).
  
7.  There is no evidence of record which shows the applicant served in Guantanamo Bay, Cuba.    

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 (SWASM) to Army members who participated in Operations 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 Cease-Fire Campaign (12 April 1991 to 30 October 1995).

9.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation currently in effect states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in Southwest Asia from 1 June 1994 to 
31 October 1994, he is eligible for award of the SWASM with one bronze service star.  Therefore, items 12f and 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 should be corrected.  As an exception to policy, it would be appropriate to correct item 18 on his DD Form 214 to show his dates of service in Southwest Asia.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows he served in Guantanamo Bay, Cuba.  Therefore, there is no basis for granting the applicant's request to amend his DD Form 214 to show he served in Guantanamo Bay, Cuba for six months.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  deleting the entry in item 12f on his DD Form 214;

	b.  adding the entry, "0000 05 00" in item 12f on his DD Form 214;

	c.  adding the SWASM with one bronze service star in item 13 on his DD Form 214; and 

	d.  adding the entry, "Southwest Asia Service:  940601-941031" in item 
18 on his DD Form 214.   

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show he served six months in Guantanamo Bay, Cuba.  




      _______ 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)                                         AR20080013901





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013901



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1