IN THE CASE OF:
BOARD DATE: 31 MARCH 2009
DOCKET NUMBER: AR20080016908
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, the Southwest Asia Service Medal.
2. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect his Desert Storm Duty. He states he was injured and processed out of the Army so fast his documentation failed to reflect his service in action. He states he discovered the omission when he applied for Persian Gulf Conflict Veteran benefits from the state of Pennsylvania.
3. The applicant provides copies of his DD Forms 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 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. Records available to the Board indicate the applicant was a member of the United States Army Reserve when he enlisted and entered active duty as a Regular Army Soldier on 19 August 1983. The applicant served with a signal unit in Korea between September 1987 and September 1988. Upon his return to the United States he was assigned to a signal battalion at Sacramento Army Depot in California.
3. In December 1992 the applicant was reassigned to a signal company in Germany.
4. According to documents associated with his disability processing, the applicant underwent a Medical Evaluation Board (MEB) in Germany in July 1994. The MEB narrative summary noted the applicant began experiencing knee pain in 1986 and that his foot pain had been ongoing for some three years now
. The MEB made no mention of deployment to Southwest Asia in support of Operation Desert Shield or Desert Storm. The applicants formal PEB (Physical Evaluation Board), conducted in December 1994 at Walter Reed Army Medical Center, concluded the applicants bilateral knee and foot conditions rendered him unfit for continued military service.
5. On 15 March 1995 the applicant was discharged by reason of physical disability. There is no indication in available records that the applicant served in Southwest Asia in support of Operation Desert Shield or Desert Storm.
6. 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. 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. The applicants name is not listed among those individuals who participated in-theater during this conflict.
7. 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. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).
DISCUSSION AND CONCLUSIONS:
Unfortunately, there is no evidence, and the applicant has not provided any, which confirms he was deployed to Southwest Asia in Support of Operation Desert Shield or Desert Storm. As such, there is no basis to correct his records to show entitlement to the Southwest Asia Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______ _ _______ ___
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) AR20080016908
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ABCMR Record of Proceedings (cont) AR20080016908
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