IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100024855
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia from November 1993 to April 1994 and award of the Southwest Asia Service Medal.
2. The applicant states, in effect, he was deployed to Southwest Asia as a member of Task Force 2-43 Air Defense Artillery (Patriot) but his DD Form 214 does not show his service in Southwest Asia or the Southwest Asia Service Medal he earned in support of Operation Desert Falcon.
3. The applicant provides an award recommendation.
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. On 11 March 1993, the applicant enlisted in the Regular Army and held military occupational specialty 16T (Patriot Missile Crewmember). He was honorably released from active duty on 10 March 1996 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed 3 years of creditable active service.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal, Army Lapel Button, Army Good Conduct Medal (1st Award), National Defense Service Medal, and the Army Service Ribbon.
4. The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995. This roster shows the applicant served in Southwest Asia from 1 December 1993 to 30 April 1994.
5. 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 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)
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that for active duty Soldiers deployed with his or her unit during their continuous period of active service enter in item 18 the entry "Service in (Name of Country Deployed) From (inclusive dates for example YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Southwest Asia in support of military operations from 1 December 1993 to 30 April 1994 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this service.
2. He served in Southwest Asia during a qualifying period for award of the Southwest Asia Service Medal and he participated in one campaign. Therefore, he is entitled to award of the Southwest Asia Service Medal with one bronze service star and correction of his records to show this award.
3. With respect to his request to correct his DD Form 214 to show his service in Southwest Asia from November 1993 to April 1994, the available evidence shows he served in Southwest Asia from December 1993 to April 1994. Therefore, he is entitled to have his DD Form 214 corrected to show this service.
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:
a. adding to item 18 (Remarks) of his DD Form 214 the entry "Service in Southwest Asia from 19931201 - 19940430"; and
b. adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star.
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 correction of his DD Form 214 to show he served in Southwest Asia from November 1993 to April 1994.
__________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) AR20100024855
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100024855
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004197
The applicant provides: * DD Form 214 * Permanent Orders 6-3 (attachment orders) * Manifest Report CONSIDERATION OF EVIDENCE: 1. The approved campaigns are: * Defense of Saudi Arabia (2 August 1990-16 January 1991) * Liberation and Defense of Kuwait (17 January-11 April 1991) * Southwest Asia Cease-Fire (12 April 1991-30 November 1995) b. 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...
ARMY | BCMR | CY2009 | 20090020963
The applicant requests, in effect, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 September 1994 to show award of the Southwest Asia Service Medal (SWASM) and Air Medal; correction of item 14 (Military Education) to show the courses he completed which are reflected on a previously-issued DD Form 214; and correction of item 18 (Remarks)...
ARMY | BCMR | CY2008 | 20080013168
The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 3 February 1991 to 18 April 1991. Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090019221
The applicant states that his deployments to SWA and Korea and his award of the Southwest Asia Service Medal (SWASM) are not reflected on his DD Form 214. Accordingly, his records should be corrected to reflect his service in SWA and his award of the SWASM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the KDSM, of the SWASM with one bronze service star, and the Kuwait Liberation Medal (Kuwait) to his DD...
ARMY | BCMR | CY2012 | 20120010250
The evidence of record shows he served on active duty during a qualifying period for the Southwest Asia Service Medal. The applicant's records do not show nor did he provide evidence that shows he was assigned to a unit that was awarded the Joint Meritorious Unit Award during the period 3 January 1990 through 30 December 1993. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal...
ARMY | BCMR | CY2011 | 20110015311
The applicant requests, in effect, correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 May 1994 to show his deployment in Southwest Asia. The entry from the DMDC is accepted as sufficient evidence in which to amend item 18 of his DD Form 214 for the period ending 8 May 1994 to show his dates of service in Southwest Asia. Therefore, item 18 of this DD Form 214 should be corrected to show he served in Southwest...
ARMY | BCMR | CY2011 | 20110008030
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 and Kuwait Liberation Medal. The applicant provides his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the entry "01 02 28" and replacing it with "01 06 22"; b. adding to item 13 of his DD Form 214 the Army...
ARMY | BCMR | CY2010 | 20100014206
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 January 1994 be corrected to show he was deployed during Operation Desert Storm. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format....
ARMY | BCMR | CY2011 | 20110002168
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * Certificate of Achievement * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. Therefore, item 18 of this DD Form 214 should be corrected to show he served in Southwest Asia from 1 November 1994 to 31 December 1994.
ARMY | BCMR | CY2010 | 20100021845
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 June 1994 to show his service in Southwest Asia. Therefore, item 12f of his DD Form 214 should be corrected to show this period of foreign service. Therefore, his DD Form 214 should be corrected to show this award.