IN THE CASE OF:
BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20110003115
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show entitlement to the Southwest Asia Service Medal (SWASM).
2. The applicant states he served in Egypt during October and November 1993 and completed the qualifying service necessary to be eligible for the SWASM; therefore, it should be added to his DD Form 214.
3. The applicant provides no documentary evidence in support of the 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 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 applicant entered enlisted in the Regular Army on 26 May 1992. He was trained in and awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).
3. Items 16 (Last Combat Tour) of the applicants DA Form 2 (Personnel Qualification Record - Part 1), prepared on 31 January 1995, contains the entry "None." Section IV (Service Data), Item 17 (Current/Last Foreign Service Tour Code) contains the entry "No Prior Overseas Service. There are no documents or orders in the Official Military Personnel File (OMPF) and the applicant did not provide any evidence that shows he ever served overseas in Egypt or anywhere else.
4. On 25 May 1995, the applicant was honorably released from active duty, in the rank/grade of private (PV2)/E-2, after completing 3 years of creditable active service. Item 12f (Foreign Service) of the DD Form 214 he was issued shows he completed no overseas service during his period of active service. Item 18 (Remarks) contains no entry indicating deployed service.
5. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-14 contains guidance on the SWASM. It states members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria, and Jordan (including the airspace and territorial waters) between 17 January 1991 and 11 April 1991, would be eligible for this award. Members serving in these countries must have been under the command and control of U.S. Central Command or directly supporting military operations in the combat theater. To be eligible for the SWASM a member must have been attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations; be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations; be actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above; or be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days. These time limitations may be waived for people participating in actual combat operations.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 to add the SWASM based on his service in Egypt in 1993 has been carefully considered. However, the applicants record is void of any indication that he completed any overseas service during his tenure on active duty.
2. Further, the governing regulation stipulates service in Egypt qualifies for the SWASM if performed between 17 January 1991 and 11 April 1991, if the member was under the command and control of U.S. Central Command or directly supporting military operations in the combat theater. The regulation does not authorize the award for service performed in Egypt after 11 April 1991. As a result, even if the applicant could verify his service in Egypt in 1993, he still would not qualify for this award.
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) AR20110003115
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110003115
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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