IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100018835
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 his records be corrected to reflect his service in Kuwait from 19960808 19961215 and to show his award of the Southwest Asia Service Medal (SWASM) for his participation in Operation Desert Strike.
2. The applicant states that he deployed to Kuwait with the 1st Cavalry Division; however, his overseas service is not documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides:
* A copy of his DD Form 214
* A copy of a citation for the JMUA, deployment orders, and manifest
* A copy of his officer evaluation report (OER) for the period he was deployed to Kuwait
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 was commissioned as a Regular Army infantry second lieutenant upon graduation from the United States Military Academy at West Point, New York on 28 May 1994.
3. He successfully completed his training and was transferred to Fort Hood, Texas for his first and only duty assignment. He was assigned to 1st Battalion, 9th Cavalry, 1st Cavalry Division. He was promoted to the rank of first lieutenant on 28 May 1996.
4. Information obtained from Defense Finance and Accounting Service (DFAS) records indicates that he deployed to Kuwait from 19960810 to 19961212, a period of 4 months and 3 days of foreign service.
5. On 30 January 1997, the JMUA was awarded to Headquarters, United States Central Command and Headquarters, Joint Task Force Southwest Asia for the period 1 September 1996 to 6 January 1997 in support of Operation Desert Strike.
6. On 1 April 1999, he was honorably discharged in the rank of 1LT. He had served 4 years, 10 months and 4 days of total active service. His DD Form 214 shows that he was awarded the Army Commendation Medal, the Army Achievement Medal (3d award), the Joint Meritorious Unit Award, the National Defense Service Medal, the Army Service Ribbon, the Expert Infantryman Badge, the Parachutist Badge, and the Air Assault Badge. His DD Form 214 does not reflect any foreign service or evidence of a deployment.
7. 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 from 2 August 1990 to 30 November 1995.
8. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that an entry will be made in the remarks
section of the DD Form 214 to reflect the country in which a Soldier has deployed and the period of deployment.
DISCUSSION AND CONCLUSIONS:
1. There is sufficient evidence to show that the applicant deployed to Kuwait from 19960810 to 19961212, a period of 4 months and 3 days of foreign service. Accordingly, he is entitled to have his DD Form 214 corrected to reflect in the remarks section of his DD Form 214 that he had service in Kuwait from 19960810 to 19961212 and that he performed 4 months and 3 days of foreign service (block 12f. of his DD Form 214).
2. The applicants contention that he should be awarded the SWASM has been noted and appears to lack merit. The applicant did not serve in the Southwest Asia Theater of Operations during a period for which the SWASM was authorized. Accordingly, there is no basis to award it to him at this time.
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 showing in the remarks section of his DD Form 214 that he had service in Kuwait from 19960810 to 19961212 and that he performed 4 months and 3 days of foreign service (block 12f. of his DD Form 214).
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 award of the SWASM.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20100018835
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ABCMR Record of Proceedings (cont) AR20100018835
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