IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019195
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 she receive her unit patch, ribbon, and bronze star (determined to refer to the Southwest Asia Service Medal with one bronze service star) for her participation in Operation Desert Storm.
2. The applicant states she served with the 92nd Military Police Company in Operation Desert Storm. She states she was only there a short period of time due to a medical condition and was returned to Germany. She states the only record she has is her Department of Veterans Affairs (VA) disability report.
3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and two pages of her VA Rating Decision, dated
27 August 2001.
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's military personnel records show she enlisted in the Regular Army on 10 November 1988. She completed basic combat and advanced individual training and she was awarded military occupational specialty 95B (Military Police).
3. On 7 April 1989, the applicant was assigned to the 92nd Military Police Company in Baumholder, Germany. Item 5 (Oversea Service) of her DA
Form 2-1 (Personnel Qualification Record) shows she served in Germany from
3 April 1989 to 31 October 1991. There are no further entries for overseas service.
4. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/
Storm Database that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991. A 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.
5. The DMDC Desert Shield/Storm Database does not list the applicant as having participated in-theater during Operation Desert Storm.
6. An electronic mail (e-mail) from the Defense Finance and Accounting Service (DFAS), dated 29 March 2010, stated their records did not show the applicant received hostile fire/imminent danger pay (HF/IDP) during her enlistment. She also did not receive combat zone tax exclusion (CZTE).
7. The portion of her VA Rating Decision submitted by the applicant identifies her as a "Peacetime and Gulf War veteran." However, the decision does not show she served in-theater during Operation Desert Storm.
8. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are:
* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991)
*
Cease-Fire Campaign (12 April 1991 - 30 November 1995)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she did not receive her unit patch or the Southwest Asia Service Medal with one bronze service star for her participation in Operation Desert Storm.
2. The applicant would be able to obtain her unit patch by corresponding with the unit she was assigned to at the time. Therefore, there is no correction to be made on this issue.
3. The applicant's records do not show she was deployed in support of Operation Desert Storm and she is not listed on the DMDC Desert Shield/Storm Database. Records maintained by DFAS do not show her receiving HF/IDP or CZTE. Therefore, there is insufficient evidence for her to be authorized the Southwest Asia Service Medal with one bronze service star.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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) AR20090019195
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019195
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100007449
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service and award of the Southwest Asia Service Medal (SWASM) with one bronze service star. The applicant's request for correction of her record to show her foreign service and award of the SWASM with one bronze service star is supported by the evidence. Based on her service in Kuwait, she is also entitled to correction of her DD Form 214 to show her period of...
ARMY | BCMR | CY2011 | 20110023330
The applicant requests his deployment to the Persian Gulf during Operation Desert Storm in 1991 be documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 December 1992. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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. c. The Kuwait...
ARMY | BCMR | CY2010 | 20100019418
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 his service in Kuwait and to show all his medals and awards. Therefore, information contained in the Desert Shield/Storm Data Base appears to be correct and is sufficient evidence to correct his records to show his service in SWA from 1 September 1995 to 31 October 1995 (2 months).
ARMY | BCMR | CY2010 | 20100028520
The applicant requests, through his Member of Congress: a. reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia from September 1990 to April 1991; b. adding two awards of the Army Achievement Medal that were inadvertently deleted from his DD Form 214 during his original request; and c. as a new issue, award of the Overseas Service Ribbon and the Meritorious Unit Commendation. ...
ARMY | BCMR | CY2014 | 20140002335
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1993 to show: a. her deployment to Desert Shield/Storm from 1 December 1990 to 30 April 1991; and b. award of the Southwest Asia Service Medal, Kuwait Liberation Medal Saudi Arabia, National Defense Service Medal, the Overseas Service Ribbon with numeral "2," and the 101st Airborne Division patch for combat identification. Army Regulation 600-8-22...
ARMY | BCMR | CY2002 | 2002071163C070402
The applicant states that her DD Form 214 does not show her dates of service in Southwest Asia from 11 January 1991 through 20 February 1991. 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, it would be appropriate to correct the applicant’s...
ARMY | BCMR | CY2012 | 20120008619
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service and the correct pay grade. His record is void of documentation showing he deployed with his unit to Riyadh, Saudi Arabia, during his RA service. He is entitled to correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2008 | 20080010278
The applicant requests that her dates of service in Operation Desert Storm be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 3 September 1991. The Defense Manpower Data Center (DMDC) compiled an Operations Desert Shield/Desert Storm Data Base that 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 Reserve/National Guard member or retiree who was...
ARMY | BCMR | CY2014 | 20140006101
Therefore, she is entitled to correction of her DD Form 214 to show this period of foreign service in items 12f and 18. Lacking any derogatory information on file that would have disqualified her, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 30 August 1990 through 6 February 1993 and to correct her DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110010115
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she: * served in support of Operations Desert Shield/Desert Storm from 15 October 1990 to 12 April 1991 * was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) * completed the Total Army Instructor Training Course in March 2001 2. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) was approved on 9 November 1995 and is...