BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090011064 


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 that he be awarded the Southwest Asia Service Medal.

2.  The applicant states he served in Egypt from 20 November 1990 through 4 March 1991.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of his DD Form 215 (Correction to DD Form 214); a copy of an Application for Multinational Force and Observers Medals and Numerals; and a copy of a Recommendation for Award of the Army Achievement Medal dated 4 March 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.  On 11 October 1988, the applicant enlisted in the Regular Army in Harrisburg, Pennsylvania, under the Delayed Entry Program, for 3 years, in the pay grade of E-1.  He successfully completed his training as an infantryman and he was promoted through the ranks to the pay grade of E-4.

3.  The Recommendation for Award of the Army Achievement Medal that the applicant submitted shows the Army Achievement Medal was approved in Permanent Orders Number 001-002, on 5 March 1991.  The award was granted for the applicant’s demonstration of the highest standards of conduct, dedication and motivation while assigned to the Scout Platoon in the Sinai Peninsula of the Arab Republic of Egypt from 20 November 1990 through 25 February 1991.  The recommendation shows that he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry (Light), 10th Mountain Division, Forces Command.

4.  The applicant was honorably released from active duty (REFRAD) on 16 August 1991, under the provisions of Army Regulation 635-200, 
paragraph 5-3, as directed by the Secretary of the Army and he was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Army Service Ribbon, the National Defense Service Medal, the Expert Marksmanship Qualification Badge w/Rifle and Hand Grenade Bars, the Army Lapel Button, the Army Achievement Medal, the Army Good Conduct Medal, the Army Commendation Medal, and the Multinational Force and Observers Medal.

5.  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 applicant contends that he is entitled to the award of the Southwest Asia Service Medal.

2.  His contentions have been noted.  However, based on the criteria contained in the applicable regulation, he does not meet the criteria for award of the Southwest Asia Service Medal.

3.  While his records show that he was assigned to the Scout Platoon in the Sinai Peninsula of the Arab Republic of Egypt from 20 November 1990 through 25 February 1991, Army Regulation 600-8-22 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.

4.  The applicant's records do not show that he was under the command of U.S. Central Command or that he was directly supporting military operations in the combat theater.  His records show that he was assigned the Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry (Light), 10th Mountain Division, Forces Command.  Therefore, he is not entitled to the award of the Southwest Asia Service Medal.

5.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  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)                                         AR20090011064





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ABCMR Record of Proceedings (cont)                                         AR20090011064



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