IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100008190
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 show award of the Southwest Asia Service Medal (SWASM) with one bronze service star.
2. The applicant states the SWASM with bronze service star is not listed on his DD Form 214.
3. The applicant provides a memorandum verifying he is eligible for the SWASM; a portion of a Manifest Report, dated 22 August 1994; and his DD Form 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. The applicant enlisted in the Regular Army on 21 July 1993.
3. The applicant submitted a memorandum from Headquarters, Task Force 2nd Battalion, 7th Infantry Regiment (Mechanized), dated 22 August 1994, Subject: eligibility for SWASM which states the attached list identifies personnel who have met the requirements for award of the SWASM with bronze service star. The applicant is listed on this Manifest Report.
4. On 20 July 1998, the applicant was honorably released from active duty and transferred to the United States Army Reserve. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal, Army Achievement Medal (2nd award), Joint Meritorious Unit Award, Army Good Conduct Medal, National Defense Service Medal, Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, and Driver and Mechanic Badge with Driver-W Bar. Item 13 does not show award of the SWASM with one bronze service star.
5. The applicant's name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC). The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 1 July 1994 and 31 August 1994.
6. Army Regulation 600-8-22 (Military Awards) states the SWASM 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 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
7. The applicant served in support of Operations Desert Shield/Desert Storm from 1 July through 31 August 1994.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It also provides that item 13 will list awards and decorations for all periods of service.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant deployed to Southwest Asia in support of Operation Desert Storm from 1 July to 31 August 1994. Therefore, he is entitled to award of the SWASM with one bronze service star.
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 one bronze service star to 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) AR20100008190
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