IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100021385
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 award of the Southwest Asia Service Medal (SWASM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.
2. The applicant states he has evidence that he deployed with his unit to Saudi Arabia during Operation Desert Storm.
3. The applicant provides his DD Form 214; a memorandum, subject: PLDC [Primary Leadership Development Course] Order of Merit List, dated 8 January 1991; and a copy of the cover and one page of "An After Action Report - Gulf War Debriefing Book."
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 Board requested the applicant's military records from the repository in St. Louis, MO, but without success. However, there are sufficient records to consider the applicant's request.
3. He enlisted in the Regular Army on 18 October 1988 and he was advanced to the rank/grade of specialist (SPC)/E-4 on 1 January 1990. On 6 September 1991, he was retired by reason of temporary physical disability and he was placed on the Temporary Disability Retired List (TDRL).
4. A review of the Gulf War Deployment Roster does not contain an entry showing the applicant being deployed to Saudi Arabia during Operations Desert Shield or Desert Storm.
4. The memorandum provided by the applicant shows he was on the PLDC Order of Merit List as of 8 January 1991. It shows his unit as Headquarters and Headquarters Service, 303rd Military Intelligence Battalion, 504th Military Intelligence Brigade, Fort Hood. TX.
5. The extract of the Gulf War Debriefing Book provided by the applicant shows the 504th Military Intelligence Brigade, Fort Hood, on a list with other units.
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.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record and the applicant did not provide sufficient evidence that shows he deployed to Saudi Arabia with his unit during Operations Desert Shield/Desert Storm. As such, there is insufficient evidence in which to add the SWASM to his DD Form 214
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) AR20100021385
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100021385
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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