BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110002168
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).
2. The applicant states:
* the award was given after he left active duty
* he served in Kuwait for 3 months in 1994
3. The applicant provides:
* Certificate of Achievement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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. He enlisted in the Regular Army on 5 July 1990, served as a radio repairer, and was released from active duty on 4 July 1995.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the SWASM as an authorized award. Item 18 (Remarks) does not show any deployments.
4. The Defense Manpower Data Center (DMDC) compiled the Operation Desert Shield/Desert Storm Data Base. The primary Operation Desert Shield/Desert 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 and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm. For Reserve and National Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.
5. The Operations Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 November 1994 to
31 December 1994.
6. He provided a Certificate of Achievement for outstanding performance of duty while assigned to 87th Corps Support Battalion during Operation Vigilant Warrior from 9 October 1994 to 8 December 1994 in Southwest Asia.
7. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 October 1995)
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. Based on his service in Southwest Asia, he is authorized the SWASM with one bronze service star. His DD Form 214 should be corrected to show this medal.
2. As a related issue, the entry from the DMDC is accepted as sufficient evidence in which to amend item 18 of his DD Form 214 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 Asia from 1 November 1994 to
31 December 1994.
BOARD VOTE:
___X_____ __X______ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for 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 13 of his DD Form 214 the SWASM with one bronze service star; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19941101-19941231."
_______ _ _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) AR20110002168
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ABCMR Record of Proceedings (cont) AR20110002168
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