Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080017254
Original file (20080017254.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	       21 January 2009

		DOCKET NUMBER:  AR20080017254 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 19 June 1991 to show award of the Southwest Asia Service Medal (SWASM).

2.  The applicant states, in effect, Army personnel failed to add the SWASM to his DD Form 214 for the period ending on 19 June 1991 for his service in Southwest Asia Service from 11 October 1990 to 15 May 1991.  

3.  The applicant provides a copy of his DD Form 214 for the period ending on
19 June 1991.

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 was ordered to active duty on 27 September 1990 in support of Operation Desert Shield/Desert Storm.  He served in Southwest Asia from 
11 October 1990 to 15 May 1991.  On 19 June 1991, he was released from active duty.
 
3.  The applicant’s DD Form 214 for the period ending on 19 June 1991 shows the Army Service Ribbon and the National Defense Service Medal as authorized awards. 

4.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the 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).

5.  The KLM-SA was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

6.  The KLM-K was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

Based on the applicant’s service in Southwest Asia from 11 October 1990 to 
15 May 1991, he is eligible for award of the SWASM with three bronze service stars, the KLM-SA, and the KLM-K.

BOARD VOTE:

___x_____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the SWASM with three bronze service stars, the KLM-SA, and the KLM-K to his DD Form 214 for the period ending 19 June 1991.



      
      _______ _ 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)                                         AR20080017254



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017254



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080009989

    Original file (20080009989.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). However, based on the applicant’s service in Southwest Asia from 22 February 1991 to 17 June 1991, he is eligible for award of the SWASM with two bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the SWASM with two bronze service stars, the KLM-K, and the KLM-SA to his DD Form 214 for the period ending...

  • ARMY | BCMR | CY2008 | 20080012203

    Original file (20080012203.txt) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his dates of service in Southwest Asia and the medals he earned for this service. 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...

  • ARMY | BCMR | CY2007 | 20070001037

    Original file (20070001037.txt) Auto-classification: Approved

    He also requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 1994 be corrected to show his dates of service in Southwest Asia. 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. As a...

  • ARMY | BCMR | CY2011 | 20110008065

    Original file (20110008065.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"...

  • ARMY | BCMR | CY2012 | 20120006737

    Original file (20120006737.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2010 | 20100012513

    Original file (20100012513.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Commendation Medal (ARCOM) * Kuwait Liberation Medal (awarded by the Government of Kuwait (KLM-K)) * Kuwait Liberation Medal (awarded by the Kingdom of Saudi Arabia (KLM-SA)) 2. He provides copies of: * General orders authorizing the 1st Armored Division Combat Patch to members of his unit who served in Southwest Asia in support of Operation Desert Storm *...

  • ARMY | BCMR | CY2013 | 20130007868

    Original file (20130007868.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 May 1991 to show his deployment in Southwest Asia (SWA) and the Southwest Asia Service Medal (SWASM). Therefore, his DD Form 214 should be corrected to show these awards.

  • ARMY | BCMR | CY2009 | 20090006455

    Original file (20090006455.txt) Auto-classification: Approved

    Army Regulation 600-8-22 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. Army Regulation 600-8-22 further states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the...

  • ARMY | BCMR | CY2010 | 20100008877

    Original file (20100008877.txt) Auto-classification: Approved

    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. Therefore, there is insufficient evidence on which to amend his DD Form 214 for the period ending 21 June 1994 to show this unit citation. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2011 | 20110010988

    Original file (20110010988.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Southwest Asia Service Medal (SWASM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending 5 April 1991 the: * Southwest Asia Service Medal with two bronze...