IN THE CASE OF:	  

		BOARD DATE:	 29 December 2009 

		DOCKET NUMBER:  AR20090013245 


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) to add the Southwest Asia Service Medal (SWASM) and the Shoulder Sleeve Insignia-Former Wartime Service (commonly known as a Combat Patch).

2.  The applicant states that his DD Form 214 contains missing information.

3.  The applicant provides a copy of his DD Form 214 for the period ending
23 August 1995; a copy of a memorandum, dated 28 January 1992, authorizing him the combat patch; a copy of the front page of a DA Form 638-1 (Recommendation for Award (for other than valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 7 February 1994, showing a recommendation for award of the ARCOM; and a copy of the front page of an undated second DA Form 638-1, showing a recommendation for award of the ARCOM (1st OLC [oak leaf cluster]) in support of his request.

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's records show he enlisted in the Regular Army (RA) for a period of 5 years on 20 November 1990.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 96B (Intelligence Analyst).  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 23 August 1995.  He was transferred to a U.S. Army Reserve (USAR) unit in Scranton, PA to complete his remaining Reserve obligation.

3.  The applicant's records also show he was assigned to the 7th Special Operations Support Command, Europe, from on or about 4 June 1991 to on or about 31 May 1994.  He also served with the 2nd Battalion, 82nd Aviation, Fort Bragg, NC, from June 1994 to July 1995.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Lapel Button, Joint Service Achievement Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer's Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and the Bronze German Armed Forces Parachutist Badge.  Item 13 does not show award of the SWASM or the Combat Patch as authorized awards.

5.  The applicant's name is shown on the Gulf War Register as having served in Southwest Asia from on or about 1 November 1993 to on or about 31 December 1993.

6.  The applicant's records also contain a copy of Permanent Orders 1-082 issued by Headquarters, Combined Task Force Provide Comfort, Incirlik Air Base, Turkey, on 5 June 1992, that show he was awarded the Joint Service Achievement Medal for meritorious achievement from 20 April 1992 to 5 June 1992.


7.  The applicant submitted a copy of a memorandum, dated 28 January 1992, that shows he deployed to Iraq or he was in direct support of the Joint Special Operations Task Force, Combined Task Force Provide Comfort, Incirlik Air Base, Turkey, from 14 December 1991 to 29 January 1992.

8.  The applicant submitted the front pages of his DA Forms 638-1 as follows:

	a.  A DA Form 638-1, dated 7 February 1994, that shows he was recommended for award of the ARCOM and that one of his previous awards was the SWASM.  He was cited for meritorious service from 4 June 1991 to 31 May 1994 during which he participated in rotations to Operations Provide Comfort II and Provide Promise.  Achievement Number 1 shows he completed seven rotations in support of Operation Provide Comfort II.  Achievement Number 2 shows he successfully completed a rotation to Operation Provide Promise/Deny Flight.

	b.  An undated DA Form 638-1 that shows he was recommended for award of the ARCOM (1st OLC) and that one of his previous awards was the SWASM.

9.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM.  The SWASM is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and the contiguous waters or airspace there over, on or after
2 August 1990 to 30 November 1995.  Southwest Asia and the contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  Members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria, and Jordan (including the airspace and territorial waters) between 17 January 1991 and 11 April 1991 will also be eligible for this award.  Members serving in these countries must have been under the command and control of U.S. Central Command or directly supporting military operations in the combat theater.  To be eligible, a service member must meet one or more of the following criteria:

	a.  Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations.

	b.  Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations.


	c.  Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above.

	d.  Be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days.  These time limitations may be waived for people participating in actual combat operations.

10.  Appendix B of Army Regulation 600-8-22 lists three campaigns associated with the Southwest Asia Service Medal: Defense of Saudi Arabia, 2 August 1990 to 16 January 1991; Liberation and Defense of Kuwait, 17 January 1991 to 11 April 1991, and the Southwest Asia Cease-Fire 12 April 1991 to 30 November 1995.  This same regulation states that a bronze service star will be awarded for wear on the Southwest Asia Service Medal for participation in each designated campaign.  

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.   Authorization applies only to members of the Army who were assigned overseas with U.S. Army organizations during specific periods.  It is authorized for service in the Persian Gulf, from 27 July 1987 to 1 August 1990 for Soldiers assigned or attached to, or under the operational control of a unit whose mission was direct support to Operation Earnest Will.  Soldiers must have been eligible for the Armed Forces Expeditionary Medal and imminent danger pay.  It is also authorized for service in the Persian Gulf from 17 January 1991 to 31 August 1993, both dates inclusive, for Soldiers participating in Operation Desert Storm.  Soldiers must have been assigned or attached to, or under the operational control of a unit whose mission was direct support to Operation Desert Storm; they must have received imminent danger pay and been under the command and control of U.S. Army Element Central Command.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the SWASM and the "combat patch."



2.  With respect to the SWASM, the evidence of record shows that, during the period of eligibility for this award (2 August 1990 to 30 November 1995), the applicant served in Southwest Asia on multiple occasions.  He was awarded the Joint Service Achievement Medal by Headquarters, Combined Task Force Provide Comfort, for meritorious achievement from 20 April 1992 to 5 June 1992. His name is shown on the Gulf War Register as having served in Southwest Asia from on or about 1 November 1993 to on or about 31 December 1993.  His award recommendations state that he was previously awarded the SWASM and one of the achievements listed on his award recommendation states that he successfully completed seven rotations in support of Operation Provide Comfort II.  Therefore, there is sufficient evidence to show he is entitled to correction of his DD Form 214 to show this award.  

3.  Furthermore, he participated in one campaign during his service in Southwest Asia; therefore, he is entitled to award of a bronze service star to be affixed to the Southwest Asia Service Medal.

4.  With respect to award of the combat patch, the applicant’s shoulder sleeve insignia – former wartime service is an item of clothing wear and not an award or decoration.  Therefore, it is not authorized for entry on the DD Form 214 or any other place in military records.

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 adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star.




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 adding the Shoulder Sleeve Insignia-Former Wartime Service or Combat Patch to the list of awards in item 13 of his DD Form 214.



      __________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)                                         AR20090013245



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ABCMR Record of Proceedings (cont)                                         AR20090013245



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