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 applicants 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 applicants 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 applicants 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 applicants 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.
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