BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110002197
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 correction of his records to show award of the Southwest Asia Service Medal.
2. The applicant makes no statement.
3. The applicant provides a letter of 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. His military records show he enlisted in the Regular Army on 23 June 1988. He completed initial entry training and was awarded the military occupational specialty of 11B (infantryman).
3. He was honorably released from active duty on 22 June 1992. He completed a total of 4 years creditable active service.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows award of the Army Service Ribbon, Army Lapel Button, Overseas Service Ribbon, Army Commendation Medal, National Defense Service Medal, Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Qualification Badge Hand Grenade.
5. The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War. This list contains the applicant's name and shows he served in the Persian Gulf War during the period 11 September 1990 to 7 April 1991.
6. 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 Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates. 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)
7. 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 United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991.
8. The Kuwait Liberation Medal-Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.
9. Army Regulation 600-8-22 states that Soldiers are entitled to service medals by virtue of their service so orders are not required.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates he served in the Persian Gulf War in a designated area during a qualifying time period to be authorized the Southwest Asia Service Medal and that he participated in two campaigns. There are no orders issued for the Southwest Asia Service Medal. However, he is entitled to the Southwest Asia Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.
2. He completed a qualifying period of service for the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi Arabia and is entitled to correction of his DD Form 214 to show these awards.
3. In view of the foregoing, he is entitled to have his records corrected as shown below.
BOARD VOTE:
___x_____ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Kuwait, and Kuwait Liberation Medal-Saudi Arabia to item 13 of this DD Form 214.
_______ _ 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) AR20110002197
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