IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110002083 


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 the Southwest Asia Service Medal (SWASM) and Kuwait Liberation Medal be added to his 3 July 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states he served at Camp Doha, Kuwait in January 1991 setting up airlift sites for remains to be returned to Dover Air Force Base, Delaware.  He states he was on administrative orders issued by the Air Force Port Mortuary, Dover Air Force Base.  However, those orders have been lost over time.  

3.  The applicant provides a self-authored statement with nine documents identified in support of his application.  

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 applicant’s 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 applicant’s failure to 
timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 22 January 1991, the applicant was recalled to active duty from retired status in support of Operation Desert Shield and assigned to the U.S. Army Escort Detachment, Dover, Delaware.  He served a total of 5 months and 
12 days until he was released from active duty and returned to retired status on 
3 July 1991.  

3.  The applicant's DD Form 214 covering his active service from 22 January through 3 July 1991, item 12f (Foreign Service), contains no service, and the SWASM and KLM are not included in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).  Further, item 18 (Remarks) contains no entry indicating he deployed to Southwest Asia (SWA).   

4.  The applicant provides a letter from the Army Review Boards Support Division, St Louis, Missouri, dated 15 April 2008, which indicates a new DD Form 214 was issued for the period of active service ending in 1991.  This document also shows a second award of the Overseas Service Ribbon.  However, the 
DD Form 214, item 12f, was not corrected to show foreign service and item 18 was not corrected to show he deployed to SWA.   

5.  The applicant also provides a DA Form 1577 (Authorization for Issuance of Awards), dated 26 August 1991, issued by the Demobilization Task Force, U.S. Army Personnel Center, St. Louis, Missouri.  This document authorized the issue of the SWASM and Army Lapel Button to the applicant.  

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-14 contains guidance on the SWASM.  It states it is authorized to members who served in SWA contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  To be eligible for the award a service member must be attached or regularly serving for one or more days with a organization participating in ground or shore operations or be serving on temporary duty (TDY) for 30 consecutive days or 60 nonconsecutive days.  These time limitations may be waived for people participating in actual combat operations. 

7.  Paragraph 9-14 of the awards regulation contains guidance on the KLM-Saudi Arabia.  It outlines the same eligibility criteria as is required for award as the 


SWASM and is authorized for the period between 17 January and 28 February 1991.  Paragraph 9-15 contains guidance on the KLM-Kuwait.  It also outlines the same eligibility criteria as is required for the SWASM and KLM-Saudi Arabia, and is authorized for the period between 2 August 1990 and 31 August 1995.  

8.  The Defense Manpower Data Center 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 31 July 1991 and one record for each Reserve/National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  

9.  The Desert Shield/Storm Data Base does not show the applicant served in Southwest Asia.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the SWASM and KLM be added to his 1991
DD Form 214 has been carefully considered.  However, there is insufficient evidence to support granting the requested relief.  

2.  By regulation, in order to qualify for any of the awards in question, a member must have been attached or regularly serving for one or more days with an organization participating in ground or shore operations in SWA, or have completed 30 consecutive or 60 non-consecutive days in SWA in a TDY status.  

3.  Notwithstanding the DA Form 1577 that authorized the issuance of the SWASM, the available record fails to provide corroborating evidence that the applicant actually served in Kuwait.  Further, even if he served in Kuwait there is no evidence that he was attached or served one or more days with an organization participating in ground or shore operations, or that he was there in a TDY status 30 consecutive or 60 non-consecutive days, as is required to support award of the SWASM, KLM-Saudi Arabia, or KLM-Kuwait.  

4.  Absent evidence confirming the period of the applicant’s actual service in SWA, or that shows he was regularly assigned or serving in a unit participating in ground or shore operations in SWA, or that he completed 30 consecutive or
60 non-consecutive days of service in SWA in a TDY status, the regulatory criteria necessary to support adding the awards in question to his 1991 
DD Form 214 has not been met.  



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)                                         AR20110002083



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ABCMR Record of Proceedings (cont)                                         AR20110002083



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