IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100015242
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).
2. He states:
* the SWASM was not added to his records when he was discharged
* he deployed to Kuwait for participation in Operation Desert Fox and Operation Desert Thunder with Headquarters and Headquarters Company, 2nd Brigade, 3rd Infantry Division, Fort Stewart, GA
* Operation Desert Fox and Operation Desert Thunder were recognized for award of the SWASM
3. He provides his Veteran/Service Member Profile extracted from the Department of Veterans Affairs (VA) Veteran Military History website.
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 4 October 1994 and was honorably discharged on 31 January 2001.
3. His DA Form 2-1 (Personnel Qualification Record) and Enlisted Record Brief (ERB) do not show any deployments or overseas service.
4. Item 12f (Foreign Service) and item 18 (Remarks) of his DD Form 214 does not show any foreign service.
5. He provides his Veteran/Service Member Profile extracted from the VA Veteran Military History website which contains conflicting information. The Deployment Periods portion of the form does not indicate any deployment periods or locations. However, the Special Pay Period/Combat Pay and Combat Tax Exclusion portion of the form indicates he received Hostile Fire/Imminent Danger Pay (HF/IDP) from 1 January 1999 through 31 March 1999 and Combat Zone Tax Exclusion (CZTE) from 1 January 1999 to 31 March 1999 for service in Kuwait.
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 1995. A review of this data base does not show the applicant served in Southwest Asia during this period.
7. A query of the applicant's Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) revealed the applicant received pay and tax exclusion entitlements associated with deployment to Kuwait during the period 14 December 1998 through 1 March 1999.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends he is entitled to the SWASM based on his deployment to Kuwait in support of Operation Desert Fox and Operation Desert Thunder, the SWASM is awarded for participation in support of Operations Desert Shield/Desert Storm during the period 2 August 1990 to 30 November 1995.
2. His name does not appear on the Desert Shield/Storm deployment roster.
3. His MMPA at the DFAS revealed he received HF/IDP and CZTE entitlements associated with his deployment to Kuwait during the period 14 December 1998 through 1 March 1999.
4. His Veteran/Service Member Profile extracted from the VA Veteran Military History shows he received HF/IDP from 1 January 1999 through 31 March 1999 and CZTE from 1 January 1999 to 31 March 1999 for service in Kuwait.
5. His service record is void of any evidence and he has not provided sufficient evidence which confirms he served a period of qualifying service in Kuwait to authorize him award of the SWASM.
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) AR20100015242
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100015242
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